Full question:
My client's wife died. There exists a Warranty Deed, Corporate Grantor for a condo they purchased. The conveyance was to my client and his wife (now deceased) as Joint Tenants in Common with Full Rights of Survivorship. What, if anything, needs to be done to convey this to my client? Will a new Warranty Deed with the Corporate Grantors signature and then recorded in the proper county be sufficient to convey the real estate to my client?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Iowa
Answer:
The language in your question is somewhat contradictory. Typically, tenants in common do not have the right of survivorship, which is a characteristic of joint tenants. Joint tenancy allows the surviving tenant to automatically inherit the deceased tenant's share without going through probate. State laws govern joint tenancy, and it can be severed, converting it into a tenancy in common, which does not have survivorship rights.
In your case, if the condo was held as joint tenants with rights of survivorship, your client should automatically inherit the property upon the wife's death. However, to officially convey the property into your client's name, you may need to take certain steps. Generally, this involves preparing a new Warranty Deed that reflects the change in ownership and obtaining the corporate grantor's signature. This new deed should then be recorded in the appropriate county office.
Additionally, you will likely need to provide a copy of the death certificate and pay any applicable fees. It's advisable to contact the recorder's office in the county where the property is located to confirm the specific requirements for this process.
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.