Indiana Affidavit as to Termination of Joint Tenancy with Right of Survivorship by Surviving Tenant (One Tenant is Deceased)
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How to fill out Affidavit As To Termination Of Joint Tenancy With Right Of Survivorship By Surviving Tenant (One Tenant Is Deceased)?
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FAQ
When your spouse passes away, you stay the owner ? now the sole owner ? of the property. To prove this to the world and effectively remove your deceased spouse from the title, you simply have to record their death certificate in the public records.
When either spouse passes away, the surviving spouse automatically becomes full owner of the entire interest in the real estate because the right of survivorship is inherent in this type of joint ownership.
In Indiana, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
In Indiana, real estate can be transferred via a TOD deed, which allows a property owner to designate a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.
To get title to the property after your death, the beneficiary must take a few administrative steps (such as recording a certified copy of the death certificate in the recorder's office). Your beneficiary can check with the county recorder's office for details.
The Transfer on Death Property Act (TDPA) can be found at Indiana Code 32-17-14 et. seq. The overall purpose of the TDPA is to allow the owner of real property to transfer his/her legal interest in that property to a designated beneficiary or beneficiaries at the time of death.
Some potential problems include: Paying estate debt. ... Accidentally disinheriting someone. ... Jeopardizing your beneficiary's government benefits. ... Conflict with your will. ... No plan for incapacity.
A survivorship affidavit is a legal document that removes the name of a deceased person from title on real property.
