Navigating real estate transactions with precision.

Real estate transactions involve significant legal considerations, and at Spears & Marinakis, LLC, we  strive to ensure that these transactions are conducted smoothly and correctly. Our expertise in preparing and managing deeds helps clients avoid potential complications and secure their property rights effectively.

The importance of accurate deed preparation:

A deed is necessary for the legal transfer of title to real estate. It is a document that identifies the buyer, the seller, and the property being transferred. There are various types of deeds, each serving different purposes and offering different levels of warranty and protection:

  • Warranty Deed: Offers the greatest level of protection to the buyer, certifying that the property is free from all encumbrances.

  • Quitclaim Deed: Transfers only the interest the seller has in the property, with no warranties on the title.

  • Deeds Reserving or Conveying Life Estates: Allows the parties complete ownership of the property during their lifetime, with the remainder interest passing to the fee owners without the necessity of going through probate. 

  • There are other types of deeds such as fiduciary deeds and special warranty deeds that may apply in certain circumstances.

Proper preparation of a deed is crucial to prevent "clouds on the title," which can complicate future transactions and affect ownership rights.

Frequently asked questions about deeds and real estate transactions.

If you can't find the answer you're looking for, don't hesitate to get in touch. Our team is here to provide you with the information and support you need.

  • A cloud on title isany irregularity or issue that compromises the marketability of the title to the property. Resolving it often requires litigation.

  • The type of deed used in a transaction directs the type of ownership conveyed to the buyer. Choosing the right deed depends on the circumstances of the transaction and your need for security in ownership.

  • Generally, no. However, Medicaid claims can only attach based on the value of the property owned by the life tenant. The value of the life tenant is generally much less than the value of the property.

  • While it's possible to prepare a deed on your own, it is highly advisable to have it done by an experienced attorney to ensure all legal requirements are met and to avoid future legal issues.

Get expert legal assistance for your property transactions.

If you are considering buying or selling real estate, or if you have any questions about deeds and the proper handling of real estate transactions, please contact Spears & Marinakis, LLC. Our experienced real estate attorneys are here to provide you with guidance and expert legal services to ensure your property rights are protected. Schedule a consultation today to discuss your real estate needs.