What is an “interest in real property” on legal forms?
I am filling out an affidavit of heirship. My husband recently died without a will and the form asks if the decenden had any interest in real property. We were both on the mortgage of our home. Is that a YES for interest in real property or NO?
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That would indeed be considered an interest in real property. Although, if the home was in your name with a right of survivorship, that should transfer automatically.
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I am filling out an affidavit of heirship. My husband recently died without a will and the form asks if the decenden had any interest in real property. We were both on the mortgage of our home. Is that a YES for interest in real property or NO?
Lexi, Chatbot
I'm sorry to hear about your husband's passing. Did your husband have his name on the title of the home as well, or was it just the mortgage?
I think it is on the title as well.
Lexi, Chatbot
Are there any other assets or properties that were solely in your husband's name that need to be addressed in the affidavit of heirship?
Assets or properties...none.
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with the affidavit of heirship.
Nothing ... he just owed sba loans for his business and a personal credit card but no investments or property.
Elizabeth
Hi there! Welcome to AskaLawyer. My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your concerns. Just so you are aware, AskaLawyer is a legal information-only site. No attorney-client relationship is formed from our conversation.
First, I'm so sorry for your loss. So I can best help, was your spouse also listed on the deed for the house?
Yes, I think so. It was in both of our names.
Elizabeth
That would indeed be considered an interest in real property. Although, if the home was in your name with a right of survivorship, that should transfer automatically.
Right of survivorship? What is that?
Is that part of the paperwork that we signed when we bought the house?
Elizabeth
That would be part of the paperwork when you signed the house. It's how you're listed on the deed.
Yes, his name is first.
Ok, so for the form...interest in real property is a YES?
Elizabeth
That is correct.
Thank you.
Elizabeth
Of course. I hope I was able to help with your situation! If you have any other questions, feel free to ask.
Elizabeth
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