Get my name on the deed.

Non-investing personal finance issues including insurance, credit, real estate, taxes, employment and legal issues such as trusts and wills
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Lets do this thing
Posts: 63
Joined: Sun Feb 09, 2014 10:11 am

Get my name on the deed.

Post by Lets do this thing »

My husband bought some land in the country just before we married (35 years ago). Together we built (with our own hands) a cabin. The cabin is in the state of Vermont, not our state of residence. We are putting together our estate plan and documents and are wondering what to do about the deed that is in his name only. We will add the property to our yet to be created Will but don't know if we have to go to a lawyer and update the deed.
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galawdawg
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Location: Georgia

Re: Get my name on the deed.

Post by galawdawg »

Lets do this thing wrote: Mon Jun 14, 2021 7:45 am My husband bought some land in the country just before we married (35 years ago). Together we built (with our own hands) a cabin. The cabin is in the state of Vermont, not our state of residence. We are putting together our estate plan and documents and are wondering what to do about the deed that is in his name only. We will add the property to our yet to be created Will but don't know if we have to go to a lawyer and update the deed.
I'd recommend you contact a trusted real estate attorney in that area of Vermont and have that attorney prepare and file the appropriate deed. While it is something that folks are always tempted to DIY and save a few hundred dollars, I have seen quite a few instances where the DIY deed was ineffective and more money was spent later when the property is sold, transferred or inherited to "clean up" the title than would have been spent to have an attorney do it right to start with.

Also, by ensuring that the property is titled correctly you can avoid the property becoming part of the estate and going into probate if one of you predeceases the other.

Hope that helps!
Mr. Rumples
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Re: Get my name on the deed.

Post by Mr. Rumples »

Every state is different of course. In VA, you cannot change a deed, a new deed needs to be recorded. There are all kinds of deeds which is why when we went though this, we were advised to get an attorney.

https://legislature.vermont.gov/statute ... ter/27/005
bsteiner
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Joined: Sat Oct 20, 2012 9:39 pm
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Re: Get my name on the deed.

Post by bsteiner »

Lets do this thing wrote: Mon Jun 14, 2021 7:45 am My husband bought some land in the country just before we married (35 years ago). Together we built (with our own hands) a cabin. The cabin is in the state of Vermont, not our state of residence. We are putting together our estate plan and documents and are wondering what to do about the deed that is in his name only. We will add the property to our yet to be created Will but don't know if we have to go to a lawyer and update the deed.
Preparing the deed is the easy part. Since Vermont has a state estate tax with a lower exclusion amount than the Federal, the hard part is deciding how it should be owned: by you and your husband as tenants by the entirety (a special form of joint ownership available to married couples in about half the states), by you and your husband as tenants in common, by him alone, or by you alone.

You don't "add" the property to your Will. Except in unusual cases, your Will covers whatever you happen to own at your death.
galawdawg wrote: Mon Jun 14, 2021 7:58 am ... by ensuring that the property is titled correctly you can avoid the property becoming part of the estate and going into probate if one of you predeceases the other.
You probate the Will, not the assets. I seem to recall that

We don't have enough information to determine how the property should be titled.
Mr. Rumples wrote: Mon Jun 14, 2021 8:01 am Every state is different of course. In VA, you cannot change a deed, a new deed needs to be recorded. There are all kinds of deeds which is why when we went though this, we were advised to get an attorney.
...
Correct -- you can't "change" a deed. The owners can do a new deed transferring the ownership as they wish.

Also correct that there are different types of deeds: full warranty (I own it), special warranty or bargain and sale with covenants (I didn't give or sell it to anyone else, and I didn't put any liens on it except as set forth herein), quitclaim (I give you whatever if anything I have but I'm not saying I have anything), and in some states bargain and sale without covenants (essentially the same as quitclaim).

Real estate is state-specific so even if the original poster works with a trusts and estates lawyer in another state, a Vermont lawyer should handle any real estate transfers.
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