Affordable Attorneys for Real Estate Deeds in Missouri
At Affordable Legal Services, a division of the Piatchek Law Firm, our real estate attorneys can assist you with real estate deeds as well as other documents and instruments that affect your real estate rights. In fact, we can create many types of deeds for a reasonable, flat fee. If you have a situation involving real estate, and you need a deed to be reviewed or created, we would be happy to help.
We routinely create Missouri warranty deeds, beneficiary deeds, and quitclaim deeds for a low flat fee, plus the county filing fee. Certain types of deeds, like trustee’s deeds, deeds of trust,or deeds of heirship, will take a little more time and attention. We can also provide notarization services to those who can come to our office; and we often provide county recording services as well.
Clients hire our real estate lawyers to prepare real estate deeds for many reasons, including the following:
- Adding another person’s name to the title of the deed
- Removing a party from a title deed, thus removing that person as an owner
- Conveying real estate into or out of a revocable living trust or Limited Liability Company (LLC)
- Changing the way real estate is owned (such as owning a property as husband and wife, or joint tenants with rights of survivorship instead of tenants in common)
- Changing a deed before or after a divorce
- Borrowing money against a deed, creating security interests, or creating a mortgagor/mortgagee relationship, such as in the creation of a Missouri deed of trust
- Setting up a beneficiary deed to state who will inherit property upon the owner’s death and to keep the property out of probate
- Correcting defects or inaccuracies on real estate deeds, such as fixing legal descriptions
- Transferring title after the death of the owners using a deed of heirship/affidavit of heirship, which may still keep the property out of probate (this is an exception to the general rule that anything stuck in the name of the owner after the owner’s death must go through probate)
TYPES OF DEEDS
We prepare many different types of deeds. The following list includes just some of the various types of Missouri deeds we prepare for clients:
Quitclaim Deed
A quitclaim deed allows a quick and simple transfer of your interest in a home property. Quitclaim deeds are used for many reasons. More information on quit claim deeds follows.
What is a quitclaim deed?
This deed allows an owner to completely quit and release all claims to a title. It carries no assurances that the person quitting their interest has clear title. A quitclaim deed essentially says “Whatever interest I have in the property, if any at all, I hereby give up all such interests and transfer them to you”.
Why does someone use a quitclaim deed?
The typical home sale does not involve a quitclaim deed. The primary reason for a quitclaim is that one owner wants to renounce their interests, have their name taken off the title, and have nothing to do with the property from now on.
When does someone use a quitclaim deed?
This is common after a divorce, or when multiple family members are on a title, and one party does not want the property. In divorce, a quitclaim deed can be used for one party to give up ownership of a marital home, to comply with the court-supervised property settlement. Also, if there is a situation where someone may have an interest in the property, signing a quit claim deed can solidify that the person gives up any such interest.
Do I need a lawyer for a quitclaim deed?
No. As with almost all legal services, you do not HAVE TO have an attorney, but should hire an attorney if you want it done correctly.. It is important to be sure a quitclaim deed—rather than, say, a warranty deed—is really your best option and contains the required wording.
Warranty Deed
A warranty deed is another common type of deed, and is typically used in a real estate sale or transaction
What is a warranty deed?
The seller uses a warranty deed to convey full rights and interests in a property to the buyer. In doing so, the seller gives “warranties” that the title is clear, and the seller has the right to convey it – thus the name “warranty deed”.
What is the difference between a general warranty deed and a special warranty deed?
Using a general warranty deed, an owner assures the buyer that the property’s entire chain of title is good. The special warranty deed covers the seller’s own period of ownership, not the whole history of the title. This makes sellers responsible only for any defects and debts that arose under their watch.
What is the difference between a warranty deed and a quitclaim deed?
These are very different legal documents. A warranty deed comes with the guarantee that the owner is passing the home along with clear title. In contrast, the quitclaim deed says nothing about clear title. If you have any questions about which one you should use, it is wise to have an affordable real estate attorney’s advice, so as to avoid problems with the title transfer later on.
Beneficiary Deed
A beneficiary deed is a relatively new kind of deed, and not all states allow it. Missouri does.
What is a beneficiary deed?
A beneficiary deed transfers a person’s interest in real estate to another person upon the owner’s death. It is essentially a “Transfer on Death Deed” that conveys the real estate upon the death of the owner, much like putting a TOD (Transfer on Death) or POD (Payable on Death) designation on a car or bank account. A beneficiary deed must be recorded with the county in which the property is located during the owner’s lifetime.
Does a beneficiary deed avoid probate?
As long as the beneficiary survives the deceased owner, the property would transfer to the beneficiary outside of probate, and thus probate will not be necessary. We sometimes describe beneficiary deeds as “transfer-on-death deeds,” because it describes exactly what they do.
How do you get a beneficiary deed?
Missouri law itself gives us all the elements that are needed, and our affordable real estate attorneys can draw up the deed quickly and easily. Beneficiary deeds do have some strict requirements, such as having to be filed during the life of the owner(s). To avoid costly mistakes, we strongly suggest having help from an attorney when creating any deed for real estate, including a beneficiary deed.
How does a beneficiary deed differ from a trust?
The beneficiary deed is much simpler and cheaper. And you won’t need a trustee to oversee the transfer.
Correction Deed
How do you correct an error on a deed? A correction deed, and an experienced lawyer can fix problems on deeds.
What is a correction deed?
If there is a mistake on a deed, not only can it affect the rights of the owners, but can also affect future owners. Sometimes a previous real estate deed will include a minor mistake, not much more significant than a typo. Other times the mistakes on a deed might be larger or more important.
A simple Scrivener’s Affidavit can usually fix:
- An error in address on the deed.
- A footage error.
- A name incorrectly spelled on the title.
- A tiny error in the legal description.
A Scrivener’s Affidavit is usually created by the person who created the deed originally, and it does not necessarily have to be signed by the original Grantors.
More significant errors may be larger errors in the legal description, the wrong lot being described, or inaccurate description of the way in which the parties own the property (such as joint tenants, tenancy in common, or tenants by entirety, husband and wife, etc.).
Can a correction deed be used to fix a serious error on a deed?
If the error(s) are of the more serious variety, a Correction Deed (also called a “Corrective Deed”) may be required. Typically a corrective deed must be signed by the party who signed the original deed as Grantor of the deed. Corrective deeds should generally be done by a licensed attorney or other real estate professional.
Deed of Heirship (Affidavit of Heirship)
Typically, when a sole owner of a home passes away the property gets “stuck” in the deceased owner’s name (unless they created a beneficiary deed), and this “Stuck” property must go through a long, costly process known as probate. In certain circumstances, an affidavit of heirship (or deed of heirship), may be able to fix the problem without having to go through probate.
What is an affidavit of heirship?
Special rules in Missouri allow for a probate-free process. For more information, please visit our webpage dedicated to affidavits of heirship/deeds of heirship and view our video on the subject.
Who should sign a deed of heirship?
In a deed of heirship, we require all the heirs named under Missouri law and their spouses to sign the document. This can be a complicated and time consuming task if there are many heirs, and you would only want to attempt it with the assistance of an experienced real estate and probate attorney.
Can an affidavit of heirship avoid probate?
If done correctly, this should avoid probate.
Filing the Deed
The deed is the document that identifies you as a property’s rightful owner. But to have legal meaning it must be filed with the county recorder’s office where the real estate is located.
Recording the Deed
Under Missouri’s recording statute, ownership, debts and all claims against property should be properly recorded. If you have reason to believe your deed was not properly recorded, there might be nothing in the public record to stop your property from being sold again, or it could become difficult for you to sell or take a loan out on your home. Having an attorney assist you with deed recording can spare you from major hassles and costs later on.
How to Have an Affordable Attorney for Real Estate Deeds Help You
Thank you for visiting our website today. If we have not answered all of your questions, or have a case-specific matter that you need to have legally solved, we’d be glad to hear from you personally. Our attorneys are deed experts who are standing by to assist with your real estate deeds, title issues, and probate-free property transfers. If you would like to set up a complimentary initial consultation to review your needs and discuss how we can meet them, please contact Affordable Legal Services LLC. We look forward to talking with you soon.
