Deeds Lawyer in Kansas
An integral part of setting up a trust in Kansas is taking the right steps to transfer property into the trust. This is true of revocable living trusts set up to avoid probate as well as irrevocable trusts established for other purposes.
When that property includes real estate, a new deed is required to complete the transfer. At the Law Office of Andrew Rowe, P.A., we prepare the right deeds for a client’s needs in estate planning as well as during the process of probating an estate or administering a trust. Our team manages the process effectively and efficiently to conserve time and resources.
Understanding the Significance of Property Deeds
Property deeds might seem like just another document, but they are very intricate and filled with language that carries particular legal meaning. Real estate deeds not only prove ownership but also detail the rights that come with a particular level of ownership, ensuring that the property rights are legally transferred in an appropriate manner that is enforceable in court.
The right deed is a critical document that safeguards your interests and avoids future disputes. At the Law Office of Andrew Rowe, P.A., we ensure that your property deeds are drafted accurately, detailing every necessary aspect to foster a smooth transfer and protect your investment for years to come.
Different Types of Property Deeds in Kansas
Property deeds come in various forms, each serving a unique purpose in real estate transactions. In Kansas, it’s generally common to encounter several types of deeds, including warranty deeds, quitclaim deeds, and special warranty deeds. Some offer a greater level of detail and protection while others convey ownership interests in a more cost-effective manner. We help you choose the right deed for your situation. This might include:
- Warranty Deeds: These are the most protective type of deed for the transferee. A warranty deed guarantees that the person conveying the property has the legal right to sell it, warranting that the title is free from any debts or other encumbrances. As a practical matter, someone conveying with a warranty deed cannot ensure that there are no defects in the title, but the warranty gives the transferee the legal ability to seek damages if a problem arises.
- Quitclaim Deeds: Generally used between family members or people who trust each other, this deed type doesn’t offer any warranties or guarantees about the property’s history. It merely transfers any interest the seller has in the property to the buyer. This type of deed is less costly to prepare, and therefore it is often used when a grantor is transferring property they own into a trust they are creating.
- Special Warranty Deeds: This type of deed stands as a middle ground between warranty and quitclaim deeds. While it offers some level of protection to the transferee, it only guarantees that the transferor knows of no defects in title during the time they have owned the property. There is no guarantee regarding problems that might have arisen before that time.
Understanding which deed type is most suitable for your circumstances is crucial. At the Law Office of Andrew Rowe, P.A., we demystify these deed types for you, guiding you towards making informed decisions that safeguard your interests. While quitclaim deeds may serve the purpose in many estate planning transactions, there may be circumstances that justify the use of a deed with some level of warranty.
When a New Deed is Necessary in Kansas
Many people think that when family circumstances change or goals evolve, they can simply have a deed changed to reflect the difference. Because of the complexities of real property law, that is not allowed. A deed is a recorded document that forms a permanent record and it cannot be amended.
Instead, a new deed must be created for every change, and it must not only meet legal requirements but also be filed and officially recorded by the appropriate local officials.
You will need a new deed if you want to:
- Add someone to ownership of real property
- Remove someone from the ownership of real property
- Create a life estate
- Transfer real property into a trust
For instance, if you want to make your children shared owners of your home, or remove a co-owner after you buy out their interest, you need a new deed. Changes in the ownership of real property often form part of a comprehensive estate planning strategy, and we are ready to help with just the right deed.
Contact the Law Office of Andrew Rowe, P.A. for the Documents You Need to Stay Prepared
Estate planning is an ongoing process because life changes, and our plans need to evolve to continue providing the protection we need. At the Law Office of Andrew Rowe, P.A., we see ourselves as part of the process. We don’t just hand you a document and move on. Instead, we want to ensure that your documents work together to reach your goals.
For assistance with a deed, funding your trust, or any part of your plan, we invite you to schedule a consultation and learn more about the ways we can assist.