Pearland Texas Special Warranty Deed - Trust to Two Individuals as Joint Tenants with Rights of Survivorship

State:
Texas
City:
Pearland
Control #:
TX-093-78
Format:
Word; 
Rich Text
Instant download

Description

This form is a Special Warranty Deed where the Trust is the Grantor and the Grantees are two Individuals who will be joint tenants of the property with rights of survivorship. Grantor conveys and specially warrants the described property to the Grantees. The Grantor only warrants and will defend the property only as to claims of persons claiming by, through or under Grantor, but not otherwise. This deed complies with all state statutory laws.

A special warranty deed is a legal document used in real estate transactions to transfer ownership of a property from one party to another. In Pearland, Texas, there is a specific type of special warranty deed known as the "Trust to Two Individuals as Joint Tenants with Rights of Survivorship." This type of special warranty deed is commonly used when two individuals wish to jointly own a property with the right of survivorship. It creates an equal and undivided interest in the property for both individuals, with the provision that if one owner passes away, the surviving owner automatically inherits the deceased owner's interest in the property. By opting for a special warranty deed, the individuals involved in the transaction are provided with a guarantee that the property is free from any defects or title issues occurring during the time when the granter (the trust) held ownership. It essentially ensures that the granter will defend against any claims to the property and will be responsible for any defects or issues arising from their time of ownership. This type of special warranty deed is particularly beneficial for individuals looking for a secure way to pass on property to their loved ones after their demise. By naming the joint tenants with rights of survivorship, the transfer of ownership becomes seamless, avoiding probate proceedings that may otherwise impede the process. In Pearland, Texas, there may be variations of this special warranty deed, such as the "Trust to Two Individuals as Joint Tenants with Rights of Survivorship and a Life Estate." This additional provision grants an individual (typically the granter) the right to enjoy the property during their lifetime, with the remainder interest passing to the joint tenants upon their death. Another variation is the "Trust to Two Individuals as Joint Tenants with Rights of Survivorship and a Remainder Interest," which grants a specific individual (usually the granter) the right to retain an interest in the property, while the joint tenants hold the remainder interest. This variation allows for a greater level of control or flexibility in the distribution of the property. In conclusion, a Pearland, Texas Special Warranty Deed — Trust to Two Individuals as Joint Tenants with Rights of Survivorship is a legal document offering secure property ownership and transfer mechanisms. Various variations of this deed can accommodate specific circumstances, providing flexibility and control over the distribution of the property.

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How to fill out Pearland Texas Special Warranty Deed - Trust To Two Individuals As Joint Tenants With Rights Of Survivorship?

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FAQ

Even if you have a Will, once you sign the Survivorship Agreement, the property will pass to you co-owner and not to any devisee you have named in your Will. Good to know: Generally, when a property owner dies without a Last Will and Testament, the interest owned by the deceased owner passes to his or her heirs-at-law.

Joint Tenants with Right of Survivorship If you buy property just in your name and you later get married or just want to add your spouse or significant other, you can sign a General Warranty Deed to add your spouse AND, at the same time, sign a Survivorship Agreement.

If the property owner is deceased, he or she can no longer sign the deed. In that case, you need something different such as an Affidavit of Heirship, a probated Will or a court order determining heirship.

After death of any person(s) named in this agreement, the survivor(s) may obtain a new title by submitting a new Application for Texas Title and/or Registration (Form 130-U) in the name of the survivor(s), this completed form, and a copy of the death certificate.

The Texas special warranty deed form provides a limited warranty of title. With a special warranty deed, the person transferring the property guarantees that he or she has done nothing that would cause title problems, but makes no guarantees about what might have happened before he or she acquired the property.

It is a formal legal clause that can go into the deed in your joint names when you buy a house. If there is a survivorship clause, your share in the home will pass automatically to the other joint owner(s) if you die.

People can own property as joint tenants or as joint tenants with right of survivorship. In a joint tenancy, when one owner dies, his or her share of the property passes to the decedent's heirs or to the persons named in the decedent's will.

Since they own the property equally, under a joint tenancy the split is always . The right of survivorship occurs on death of one of the owners, and their interest in the property automatically gets transferred to the remaining surviving owners.

In Texas, a married couple can agree in writing that all or part of their community property will go to the surviving spouse when one person dies. This is called a right of survivorship agreement. The right of survivorship agreement must be filed with the county court records where the couple lives.

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Pearland Texas Special Warranty Deed - Trust to Two Individuals as Joint Tenants with Rights of Survivorship