Need Title Company or Real Estate Lawyer?

[Horn_Spanker 524]

Mom recently died, I'm the only heir.

Several years ago, we prepared a "Transfer on Death Deed" and I filled it at the county court house.  Now that she's died, I filed a "Affidavit of Death" to match up the prior one.  Which they did.

I called yesterday to see if they had magically transferred the deed into my name and was told, no, all we do is file documents.  You need a Title Company or Real Estate Lawyer.

What's my next step?

(If I plan to sell the property, should I wait and do this process just once?)

[UTPhil2006 3807]

Sent you a PM.  Just double checked with my title lady.

[Horn_Spanker 524]

46 minutes ago, UTPhil2006 said:

Sent you a PM.  Just double checked with my title lady.

Thank you!

[Dr Fear 1268]

5 hours ago, Horn_Spanker said:

I called yesterday to see if they had magically transferred the deed into my name and was told, no, all we do is file documents.  You need a Title Company or Real Estate Lawyer.

 

Who is "they" ???

[Horn_Spanker 524]

44 minutes ago, Dr Fear said:

Who is "they" ???

County Clerk's Office

[Dr Fear 1268]

3 minutes ago, Horn_Spanker said:

County Clerk's Office

The Clerk doesn't keep track of who "owns" property, they just accept and file deeds and instruments.  The only thing you need to get changed is the taxes, I would just call the tax assessor or look on their website to see what their procedure is.  I would also get a death certificate if you don't have one already (you can order them online from the state), the title company is going to want it when you sell.

Edited November 2, 2021 by Dr Fear

[Dr Fear 1268]

You also may have to get the taxes changed before the insurance company will transfer the homeowners policy to your name.

[immamac 42839]

This is extremely not helpful to anyone else who may need some help related to this so far, can people not go DM's except to exchange personal info?

[Horn_Spanker 524]

Thanks, I'm kinda leaning to not do anything until January so Property Taxes for 2021 will be with all her exemptions?

[TwiceHorn 31449]

The transfer on death deed is effective on death.  The affidavit of death memorializes the fact of death for the deed records.

With those two filings, the person specified in the transfer-on-death deed is now the record title holder.

I'm not sure what else a title company may want or "need" to write a title policy and thus warranty title in a subsequent purchaser, but the above two recordings are legally sufficient.

[UTPhil2006 3807]

9 minutes ago, immamac said:

This is extremely not helpful to anyone else who may need some help related to this so far, can people not go DM's except to exchange personal info?

I wasn't sure if I would need addresses or names at first.  Here was title's response.

Hi,

Yes, all the county clerk does is file documents but based on these documents recorded the property should automatically be in his name now.  The appraisal district will need copies of these documents to expedite the update on their system.  Tax office will then update from the appraisal district’s office.  Thanks.

[TwiceHorn 31449]

Just now, Horn_Spanker said:

Thanks, I'm kinda leaning to not do anything until January so Property Taxes for 2021 will be with all her exemptions?

The County Assessor is most likely going to look at the documents, not the date of recording, and ascertain the owner on 1/1/21, which means her homestead exemption goes bye-bye for 2021.