Yes, a new Deed can be prepared and filed to replace a Payable Upon Death deed. The provisions of the newly created Deed will supersede the Deed currently on file.
Quitclaim and Warranty Deed Questions
Answers to Frequently Asked Quitclaim, Warranty and Survivorship Deed Questions
Can I Gift Real Estate to a Sibling Using a Quitclaim Deed?
A quitclaim deed is exactly the document a person would use to transfer ownership interest and title for a piece of real estate, be it as a gift or sale. But there are two considerations in completing this transaction.
How Does the Creation and Execution of a Quitclaim Deed Affect an Existing Mortgage?
A person can transfer ownership in real property to a third party via quitclaim deed and this can occur even if the property is mortgaged. But a number of situation-specific considerations must be reviewed.
How Do the Children Get Proceeds from the Sale of our Deceased Father’s House from a Stepmother Who Was Only to Live There?
This question addresses a highly complicated legal situation.
In retrospect, the best way to effectuate the desires of the father in this situation would have been to change the property’s Deed to grant a ‘life estate’ to the stepmother, with a remainder interest to the children. That way, the mother was free to reside in the home for the duration of her life and upon her death the ownership would have passed to the children.
But even in the probate of the estate after the father’s death, such a situation can be created. If the father used a Will rather than a Deed to convey his wishes, the probate process itself can be utilized to create the same ‘life estate’ result, with a life interest being transferred from the probate estate to the stepmother while she is alive and a remainder interest to the children after she passes.
Either way, both of these process can be complicated and the use of a qualified attorney is highly recommended.
How Do I Add My Spouse to a Deed That My Recently Deceased Sibling and I Owned Together?
How a Deed is changed in regards to the owners who are listed on it depends upon the language contained within the Deed itself. Of relevance is whether or not the Deed contains language that describes a Joint Tenancy with Right of Survivorship.
What is the “Consideration” as Requested on a Deed?
Generally, some consideration — a dollar amount or something of value provided in exchange for the transfer of a property — is required to complete the Quitclaim Deed form prior to submission.
Can I Sell Real Estate I Own to an LLC I Create?
Yes, a person can sell the real estate property he or she owns to anyone (or any entity) that can make the purchase. But there is a practical consideration that must be examined to be able to complete the transaction.
Should I Use a Quitclaim or Warranty Deed to Transfer Property from a Trust to an Individual?
The decision as to which type of Deed a person should use to transfer property to another depends upon the type of guarantee the person making the transfer wishes to provide.
Can a Co-Owner of Real Estate Sell His Share Individually?
A person can sell or transfer his or her interest in real property, even if it is owned jointly with another. (However, finding a buyer who will purchase a fractional ownership interest in real estate could be a challenge.) See the following information if you need legal forms software documents to offer the property “FSBO” … Read more
If My Parents Die Prior to Changing a Deed to My Child as Promised, What Steps Are Required?
A probate court proceeding may be required to transfer the property, as your parents did not execute a change to the deed when they were alive.