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Eversole Law Firm, P.C. 1509 King Street Beaufort, SC 29902 (843) 379-3333 www.eversolelaw.com
Disclaimer: The content of this publication has been prepared by Eversole Law Firm, P.C. for informational purposes only and is not to be construed as legal advice. It does not create an attorney-client relationship with its readers and may not be used by you, the reader, as legal advice. You are encouraged to consult with us or another attorney about your circumstances to which the information in this document may apply.
What’s Inside
1. Developing a Love for Reading 2. Top Mental Strategies for Your Fitness Routine Giving You and Your Family Peace of Mind 3. Don’t Sign That Without Reading This! Sesame Zucchini Noodles 4. What Is a Deed of Distribution?
Deed of Distribution vs. Warranty Deed
to fix the defect in title or recover damages related to the defect. That is why it’s so important to have a title abstract of the public records done to ensure the title is marketable prior to a purchase and that a title insurance policy is issued at closing. A warranty deed puts any problems in the hands of the insurance company to rectify.
The other day, a client asked about the difference between a deed of distribution and a warranty deed. Hmm, I thought, that’s a good topic for the newsletter. A deed of distribution is a document created in a probate administration that publicly identifies to whom real property owned by the decedent is distributed. Heirs inherit according to laws of intestacy; devisees inherit under the terms of a decedent’s last will and testament. Most folks don’t know it, but a deed of distribution does not convey title. It memorializes who inherits real property and their percentage of ownership interests in the property. For example, let’s say Sally owned a house at the time of her death. Sally had two children and did not have a will. Under the laws of intestacy, the children each inherit a one-half interest in the house, and the deed of distribution shows that. A deed of distribution does not have warranties because a person cannot inherit more than what interests the decedent had. If the decedent did not have marketable title, neither does the person who inherited it. A warranty deed contains a promise that the grantor is conveying clear, marketable title to the property. If the title is not clear and marketable, then the grantee has legal remedies against the grantor
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