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Questions and Professional Answers

Questions and Professional Answers

  • Affidavit of Death of Joint Tenant

    Standard CA forms for this affidavit include text that addresses the value of all real and personal property owned by decedent. Why? I plan to file an affidavit for a third party. Mr. and Mrs. A owned this land as Joint Tenants WROS when she died in 1992. Mr. A conveyed the land to me in 2003. Turns out he never filed the affidavit. But I can, I've ordered Mrs. A's certified Death Certificate. But I don't know and don't care how much she owned in 1992. Can I leave that section out of my affidavit when I record it?
    • Re: Affidavit of Death of Joint Tenant

      The Affadavit - Death of Joint Tenant is only for terminating the joint tenancy, and nothing more (ie, it is not for an evaluation of the estate at the time of the decedent's death). As such, I'm a little suspicious of the form you mention.

      Sandra Hauch
      Law Offices of Sandra J. Hauch
      450 N. Brand Blvd. Suite 600
      Glendale, CA 91203
    • Re: Affidavit of Death of Joint Tenant

      The affidavits I use (originally provided by a title company) just have reference to the one particular piece of property I'm recording the affidavit for, so I see no problem with what you propose.

      Chris Johnson
      Russakow Ryan Johnson
      225 South Lake Avenue, 10th Floor
      Pasadena, CA 91101
  • Affidavit of death for joint tenant

    Hello,I am wanting to file the Affidavit of death for my father who passed away in 1998; however, my mother, surviving joint tenant passed away in 2003. My question is should I sign the affidavit in my mother's name, with deceased after it and then sign my name? I will be handling the probate once I open it and will be named executrix, should the affidavit be filed after I have my letters?
    • Re: Affidavit of death for joint tenant

      I suggest you ask the clerk at the recording office if it would be accepted that way.

      Bryan Whipple
      Bryan R. R. Whipple, Attorney at Law
      P O Box 318
      Tomales, CA 94971-0318
  • death of joint tenant

    my parents own a small inexpensive property worth less than 5 thousand dollars, my dad died and my mom was told that taking the death certificate alone to the recorders office was not enough. Can you use a general affidavit of death signed by a notary as an affidavit of death of joint tenant in missouri, or will we need a lawyer? thank you
    • Re: death of joint tenant

      I am not sure what exactly you mean by "a general affidavit of death", but I suppose that you could prepare one and then see if the local recorder of deeds will accept it. I do know that I have done many of these for people over the years, and I charge a hundred dollars (plus the recording fee) for my services. Perhaps the local recorder would be kind enough to help you find an affidavit of death recorded by someone else and then you could use that for your form and do it yourself. Good luck.

      Michael R. Nack
      Michael R. Nack, Attorney at Law
      200 South Bemiston (307)
      St. Louis, MO 63105
  • Affidavit used for death with no will

    Where can I get information on how to apply for an affidavit to handle my father's death? He had no will.
    • Re: Affidavit used for death with no will

      If this is in Maricopa County, you can get the forms online from the court's website. http://tinyurl.com/2lpykcRead the instructions carefully, because not every estate qualifies to use the affidavit. Contact an attorney if you need help.

      Brian Blum
      Blum Law Office, PLC
      2501 N. Hayden Rd., Suite 101
      Scottsdale, AZ 85257
    • Re: Affidavit used for death with no will

      Some states allow small estates without real estate to be distributed by affidavit and without probate. If yours allows this you can check the probate code yourself, to see if you qualify and what the affidavit must state, and then draft the affidavit yourself, getting it notarized under oath. If you don't qualify you'll have to open a probate. Of course, you can ask and attorney to do either for you.

      Mitchell Roth
      MW Roth, Professional Law Corporation
      13245 Riverside Dr. Suite 320
      Sherman Oaks, CA 91423
  • Affidavit-Death of Joint Tenant

    My husband & I live in a home that he owns jointly with his mother who passed away in 2003. We need to file an affidavit, to remonve his mom and a quitclaim to add me to title. I have a question regarding the affidavit, there is a section to declare the full valve of all real & personal property owned by the decednet at time of death? Does this need to be filled out, and if so are there any tax implications and what needs to be included in the value?Could this possibly increase our property taxes? We do not plan to sell our home and his mother did not own much at the time of her death. Also, the form we are using was downloaded from our county recorders website.
    • Re: Affidavit-Death of Joint Tenant

      It is to determine whether or not the estate needs to go thru probate. Call me directly at (619) 222-3504.

      OCEAN BEACH ASSOCIATES
      OCEAN BEACH ASSOCIATES
      2185 Sunset Cliffs Blvd.
      San Diego, CA 92107
  • Affidavit used in court after ones death

    My brother is dying and had given power of attorney to my niece 3 years ago - as well as stating that his estate upon his & his wife's death should go to her also. Now that he is dying from cancer his other children are trying to reverse this, actually getting him to sign for this change during a recent hospitalization (without my niece or anyone else who would oppose what they were trying to do being there). My other brother, sister and myself are concerned that something might happen to us, because of our own ill health issues, before we might be needed to testify as to his original wishes. Should we go ahead & get an affidavit to our knowledge of his wishes as stated to us & would it be just as legally binding as a person testifying? If so, how do we go about getting an affidavit?
    • Re: Affidavit used in court after ones death

      An affidavit might be helpful, if the probate court is to dtermine the wishes of teh deceased. But, they don't need to make this dtermination if there is no will being contested. Your brother would be better suited to execute a valid will stating what he wishes for the court to do with his property after his death. Good Luck

      Anthony Smith
      LawSmith
      P.O. Box 2336
      Lee;s Summit, MO 64063
  • 40 day wait

    Is it true that an affidavit has a 40 day wait period from the date of death on a death certificate? There is not enough ''estate'' for probate, but we were told we needed an affidavit from a lawyer before we could take posession of the pickup and get into his storage shed. The lawyer said there is a 40 day wait. Thank youc williams
    • Re: 40 day wait

      The lawyer is correct. There is an alternative to probate for estates under $60,000 but the affidavit (and statute) requires that you wait 40 days before executing the affidavit and retrieving all property. A lawyer isn't necessarily required to draft the affidavit but, like brain surgery, it saves a bit of time and expense if you bite the bullet and pay an attorney to draft the document and guide you throught the process.

      Bruce Busch
      Ditlevson Rodgers Dixon, P.S.
      324 West Bay Drive NW, Suite 201
      Olympia, WA 98502
  • Affidavit of death and heirship

    I need a form for louisiana called affidavit of death and heirship. I've checked the forms but it's not listed. What form can I use that's the same or similar to this one?
    • Re: Affidavit of death and heirship

      If you google this, you will find some sample forms for you to use. You don't need to follow a form exactly so long as it contains the requirements of the state code. I was able to locate briefly some information here to help you.https://web01.dps.louisiana.gov/omv1.nsf/0/e5d6052a03079f73862564b90074344d?OpenDocument

      Jennifer Sawday
      Tredway, Lumsdaine & Doyle LLP
      100 W. Broadway, Suite 6030
      Long Beach, CA 90802
    • Re: Affidavit of death and heirship

      Dear LawGuru Friend, I suppose you know that an affidavit is just a sworn statement. In presenting a petition to open a succession and/or to place the heirs into possession, an Affidavit of Death, Domicile and Heirship is always attached to such a petition and incorporated therein by reference. I assume you know how to draw up an affidavit, but just in case you do not, I'll try to do it here for you. It'll go something like this:Parish of CalcasieuState of Louisiana BEFORE ME, the undersigned Notary Public, on this the ____ day of ____. 20___, personally came and appeared ___________ and _________, hereinafter referred to as "affiants", who, being duly sworn, did depose and say that: They were well and personally acquainted with ___________, hereinafter referred to sometimes simply as "decedent", who departed this life while residing in and domiciled in Lake Charles, Calcasieu Parish, Louisiana, on or about the ___ day of _______, 200___; that they know of their own knowledge, information and belief that decedent died intestate (without a will), that he was married but once and then to his wife _______; and of this marriage only one child was born: namely, _________; who is the decedent's sole and only heir according to the Louisiana laws of intestate succession. Further, decedent left no living ascendants, and he had never adopted anyone, nor was he ever adopted by anyone. Further, decedent left only immovable property situated in the parish of Calcasieu, state of Louisiana, which property was community property owned in indivision with his said wife _________ . THUS DONE, READ AND SIGNED at my office in Lake Charles, Calcasieu Parish, LA, on the day, month and year set forth above.Signed __________________________ AFFIANTBEFORE ME ______________________ NOTARY PUBLIC Just state the facts of death, domicile and heirship as you know them to be. This Affidavit does not require witnesses. Usually, however, it is signed by two affiants.

      Hardy Parkerson
      Retired Attorney; now Law Professor
      3309 Common Street, Suite B
      Lake Charles, LA 70601
  • General power of Atorney

    I purchased a Site on General power of Attrney (GPA) and affidavit for having paid (received by the sellers) the consideration and delivering of possesion. The GPA was executed by two persons. If one of the two executanta dies what is the status of the GPA & affidavit. The descendents of the surviving executant can take the advantage of death of other executant or not. How to rectify the fault caused by death of one of the executant of the GPA. Is there any time limet for for descendents of the dead executant to inform about the death of executant to the GPA Holder.
    • Re: General power of Atorney

      Dear Sir,Under the provisions of Indian Contract Act GPA dies with the executor. you havenot mentioned whether you are in possession or not.Now you can get it registered by the one of surviving exector along with the Legal heirs of the deceased executant.no such time limit is required as on the death of executant, GPA will loose its legal status.please negotiate with the legal representatives and solve the issue.

      Panduranga Acharya
      J & P Associates, Advocates & Solicitors
      No. 43, I Floor, Siddappa Complex, Mudalapalya, Near Vijayanagar
      Bangalore, NUS 560072
    • Re: General power of Atorney

      If GPA granted in your favour is for consideration and coupled with interest, then as per the provisions of the Indian Contract Act, such GAP becomes irrevocable. However, various government offices, finacial institutions and consequently prospective purchasers are not satisfied only with this legal proposition and insist on fresh GAP from legal heirs of deceased grantor.

      Shrichand Nahar
      S.V.Nahar, Advocate

      Pune, NUS 411004
  • Small Estate Affidavit

    I need a small estate affidavit for the state of New York. I notice on the internet we can get a form for estates under $20,000. I have securities registered in an individuals name, who is now deceased. there is no will involved and the last remaining member of the family wants to register or sell. The market value of these shares is appx $108,000 and the transfer agent has suggested to file this affidavit with them along with a copy of the death certificate. How can I proceed? Thank you for your time and assistance.
    • Re: Small Estate Affidavit

      You are correct that there is a simplified and inexpensive procedure to administer estates of $20,000 or less. Since the market value of the estate is approximately $108,000, this procedure will not be available. You will be required to file a petition for the appointment of an Administrator of the estate, who will then have the authority to transfer or sell the securities. This procedure is a bit more cumbersome and expensive and a bond may be required.

      Norman Nadel
      Norman Nadel, Esq.
      286 Madison Avenue- Room 1802
      New York, NY 10017-6302
    • Re: Small Estate Affidavit

      This is what attorneys are trained to do. Fees for the handling of an estate such as you describe generally run 3% of the assets.For a free, no obligation telephone consultation, you may contact me at 914.907.1165

      Arnold Nager
      Arnold H. Nager, Esquire
      79 Cliff Street
      Hastings On Hudson, NY 10706-2101