QUESTION
Do my brother and I both have to sign affidavit if my state requires affidavit of death for a beneficiary deed on file?
Asked on Apr 24th, 2014 on Estate Planning - Illinois
More details to this question:
I have to do an affidavit of death. Can I just sign it in front of lawyer/notary or will my brother and I have to sign an affidavit of death? I know we would both sign if we ever sell the property but, do we for affidavit?
10 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You do not both have to sign an affidavit but you should make sure there is enough information in the affidavit so that there is clear information as to how the title should read. Example: the affidavit should allege that the owner of the property has died and then give the legal description of the property (this description will be on the beneficiary deed if you have a copy of that). You should then recite your name and address and the name and address of the co-owner and how you own the property - i.e., as joint tenants with right of survivorship? As tenant in common? You should retain the services of an attorney to help you do this properly.
Answered on May 19th, 2014 at 3:23 AM
Edwin K. Niles
If this is a joint tenancy property, only one needs to sign the aff. of death.
Answered on Apr 25th, 2014 at 3:14 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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One affidavit of death should suffice.
Answered on Apr 25th, 2014 at 12:41 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Hello~ You have this listed as a Michigan question, but we do not use "Affidavits of death" in Michigan. Without knowing more about the specifics of your situation, it is all just speculation. Generally, any interested person can sign an affidavit.
Answered on Apr 25th, 2014 at 12:38 PM
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Just one need to complete the Affidavit to record along with a certified copy of the death certificate.
Answered on Apr 25th, 2014 at 11:26 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, the affidavit only needs to be signed by one "interested person". It does need to be accompanied by a certified death certificate.
Answered on Apr 25th, 2014 at 11:26 AM
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The person who is entitled or has legal authority must sign. Be very careful with this or you could mess up the title. Have an attorney help you - Affidavit's of death are not appropriate for all situations and a probate may be required.
Answered on Apr 25th, 2014 at 11:25 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It depends on your state. An affidavit must be signed in front of a notary ,not necessarily an attorney, although I would feel better if the attorney drafted it for you. I know that in my county, the Register will accept the affidavit only from the spouse, and not anybody else. So you might want to talk to your county's Register or Recorder to see if they will accept it.
Answered on Apr 25th, 2014 at 10:45 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, only one person has to sign an affidavit of death that is recorded with the recorder of deeds. The affidavit of death needs to be notarized. By recording the affidavit of death, a title company can track title from the decedent to you and your brother. From your questions, I am assuming that both you and your brother become the owners of the property by the beneficiary deed. You both have to sign when you sell the property because you are both owners and all the owners of the property need to sign off on the deed.
Answered on Apr 25th, 2014 at 9:46 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The affidavit only needs to be signed by a single person with first-hand knowledge of the circumstances attested and sworn to in the affidavit. The signing must be done in the presence of a notary public. There is nothing wrong with having a second person attesting to the facts and executing the affidavit also. That additional person must also sign in the presence of a Notary Public. It does not have to be the same Notary.
Answered on Apr 25th, 2014 at 9:41 AM