So I’ve got a good potential deal with signed purchase agreements for 3 properties from the same seller in AZ. When pulling title search, I find out that each property has a warranty deed with him and his girlfriend as joint tenants with rights of survivorship. She is now deceased and county records show “Letters Testamentary” which shows she is deceased and that he is the executor of her estate. Is this enough?
@aerielandco sounds like enough to me (I’m not an attorney, so don’t take this as legal advice). It helps to understand what Joint Tenants With Full Rights of Survivorship means:
When individuals who hold title together as “joint tenants with full rights of survivorship” die, their interest automatically passes on to the remaining title holder(s). Men holding title together as “joint tenants with full rights of survivorship” do not need to have their wives sign the deed when they sell the property. The individuals cannot sell their interest to another party. Everyone holding title together as “joint tenants with full rights of survivorship” must all sell the property together, as if they were 1 person.
Some of this finer detail can vary by state, but in general terms, this is the way you want to see it written, give the situation you’re looking at.
You’ll probably need original copies of her death certificate and those other docs you mentioned, to answer any questions about why her signature isn’t on the deed, and it’ll all need to be recorded along with the Warranty Deed that is signed over to you.
@aerielandco Check title company requirements if you want to insure the deed now or later when you sell. Better to get what they require now, sooner rather than later. JTTEN vesting with Letters and a Death Cert. seems like enough to me, but I also am no attorney. Just another C student in ‘the school of hard knocks’!