Full question:
My mother executed a warranty deed prior to her death. That deed was done for her seven children. One adult child expired a few months before my mother, I purchased the land from the other five people, should I attempt to have a warranty deed recorded as grantee, with notarized signatures or do I need a lawyer to take care of this for me? I am a resident of Keller, Texas. The property is located in Fordyce, Arkansas (Dallas) City.
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Arkansas
Answer:
You do not have legal ownership of the property until your name is on the deed. To transfer real property, a deed must be filed with the county recorder's office to notify the public of the ownership change. You can modify deed forms available through Uslegalforms to suit your needs and file the deed without a lawyer.
A deed is a written document that transfers title or interest in real property. It must describe the property, name the grantor (the person transferring the property), and the grantee (the person receiving it). The grantor must sign and notarize the deed. Additionally, the deed needs to be acknowledged to be recorded and accepted as proof of ownership. A valid deed must also be delivered and accepted to complete the transfer. Acceptance can be shown through actions that indicate an intention to accept, such as recording the deed.
To finalize the transfer, the deed must be recorded in the county where the property is located. If you need to add or remove someone from a deed, their approval is required, meaning they must also sign and have their signature notarized.
There are two main types of deeds: a warranty deed, which guarantees that the grantor owns the title, and a quitclaim deed, which only transfers the interest the grantor has. A warranty deed provides more protection to the buyer, while a quitclaim deed carries no warranties and the buyer assumes existing claims on the property. If the property was owned as joint tenants with rights of survivorship, it passes to the surviving tenants upon death. If owned as tenants in common, the deceased's share goes to their heirs or as specified in their will.
In summary, you should consider recording a warranty deed to establish your ownership, especially since you purchased the land from the other heirs. While you can manage this process yourself, consulting a lawyer may provide additional assurance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.