I am hoping someone here can shed some light on this.
My husband received a call yesterday letting him know that some papers would be emailed to him to sign.
Background: My father in law passed away in March. His will stated everything goes to his wife (step mom to my husband) so no big deal, right?
Well, we got the documents and they are basically stating that my husband is "gifting" the house to his stepmom for $10 giving her "permission" to sell the house. The forms are Affidavit to Heirship and Warranty Deed. Does anyone have any experience with either of these?
My father in law had two children from a previous marriage (both will have to sign), my husband and his sister. My mother in law has 3 from a previous marriage. No kids together.
Basically, if they sign this over to her for $10 basically giving her their interest in the house are they "signing" away all rights to their fathers estate when she passes? If she should change her will and leave them out of it, they have nothing?
It's one of those things that make you feel selfish for not wanting to sign or give the house interest away. She won't be left with nothing, she has his pension of about $75000 and his 401 saving of about $50000 plus social security.
Hi my name is J.. I'm an Escrow Officer at a title company and I deal with these types of forms all the time! I can help you and give you some advice. I'll be in the office around 2. Please give me a call today around 2 or 3pm. My number is ###-###-####. Look forward to speaking with you!
I am glad there is a mom on here who is an Escrow Officer as I was going to tell you to call a title co as I worked at one as an asst for 3 years. Don't sign anything till you talk to her as if you are signing a warranty deed it means you are giving her all rights to the house yes. Just like when you buy a house the seller signs a warranty deed "deeding" the house to you. Def call the other poster on here! Good luck!
I wouldn't sign it. Something seems fishy and almost underhanded about the whole thing. Why not seek legal advice?
Your gutt feeling is usually right.
Good luck!
Eaine
If the will said everything goes to her, then I would think your husband was already out any inheritance, but the warranty deed makes me think this wasn't clear.
Maybe you should contact a real estate attorney. I know an attorney and she handles corporate and litigation, but her office might have other attorneys that could help.
It would be worth it. If he meant all of his property to go to her, the will should have said so and been specific.
Not being a real estate attorney, I can't directly answer the question, but I can tell you that a warranty deed is used to convey interest, so yes, if he's being asked to execute a warranty deed, that means he somehow has ownership in it, and by exeucting, he is giving up that ownership permanently. And there is nothing that will prevent her from changing her will, and I doubt there would be legal recourse for your husband to pursue.
I wouldn't sign it. I would instead ask for a copy of the will, and I would also ask for a copy of the current deed to the house, so you can get a better understanding of what is going on.
And you shouldn't feel selfish - it sounds a little fishy. If it was on the up and up, the stepmom would have contacted personally and explained the situation (whatever that may be). Perhaps your husband's father had a conditional will that left half the property to his children, with the condition that the will wouldn't be executed until her death or upon surrender of property rights. My grandparents had this provision in their wills, as they were both previously married and wished to leave their estates to their respective children. It worked just fine.
If they do indeed have ownership in the house, when it is sold, they will get their percentage out of it and can then decide what to do with the money and if so inclined can give it to their stepmom. But it's not customary to simply sign rights away.
I'm very sorry for your loss - and good luck with the current situation - S.
If you are looking to contact a real estate attorney try Bob Brown ###-###-####. The title office I work in refers people to him.
Good Luck
If his father had a will, the will should be probated and the executor will take care of executing deeds to step-mom. If there is no will, then property passes by intestacy, which means step-mom does not get all the real estate. How much she gets depends on whether she and dad were married when house was purchased or whether dad owned house before marriage. The fact that Affidavits of Heirship are being used to show the title transfer leads me to believe that dad did not have a will, or that for some reason step mom is not probating the will. Your husband should ask for a copy of the probated will. Your husband can call the county where the father lived to see if his will has been probated; either call the probate clerk, or if the county is too small to have a probate court, then the county clerk would know; they can research it by last name. If there is no will, then your husband owns some of the house, so he can decide whether he wants to gift his interest to step-mom or not. That decision is up to him to make, but he should not be tricked into signing a deed that he does not understand. (I am a probate attorney and a tax attorney and a CPA)
