Idaho Deed Transfer Questionnaire

State:
Multi-State
Control #:
US-Q1010
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a transferring real property with a deed. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client's needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

A conveyance of an estate in real property in Idaho can be made by an instrument in writing, subscribed by the party granting the property, or by that person's agent authorized in writing (55-601).

If you do want to avoid probate in Idaho here are four specific ways that it can be done. Spend Your Estate on Yourself. ... Give Your Estate Away While You are Alive. ... If You are a Surviving Spouse, use a Summary Administration. ... Use a Trust.

The Validity of Lady Bird Deeds in Idaho The individual also retains the right to sell, lease, or mortgage the property without the beneficiaries' consent. However, Lady Bird deeds are not recognized in Idaho. However, similar outcomes can often be achieved through the use of a revocable living trust or a TOD deed.

Fee Simple Estates are the most common and grant a complete interest in land (its yours to be used without conditions or limitations).

Because it is a community property state, a surviving spouse is protected, and the deceased spouse cannot transfer away community property from the surviving spouse to someone other than the surviving spouse. As a result, TOD's are not allowed under current Idaho law.

Idaho does not allow real estate to be transferred with transfer-on-death deeds.

Potential Problems with Transfer on Death Deeds: Issues can include unintentional disinheritance, conflicts with joint tenants, and invalidation due to legal description errors.

Search Idaho Statutes Community property with right of survivorship in real property. Any estate in real property held by a husband and wife as community property with right of survivorship shall, upon the death of one (1) spouse, transfer and belong to the surviving spouse.

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Idaho Deed Transfer Questionnaire