The Law Office of Jeffrey S. Rodgers helps clients with wills offering clients with plenty of individualized attention, rather than simply filling out forms. Planning for the future distribution of your assets is important for both you and your loved ones, and can give you peace of mind knowing that all crucial matters, including the care of minor children, will be handled according to your wishes. A will is often the first planning tool you will use to organize your estate, making it important to understand a will’s function and purpose.A will provides for the distribution of your property at the time of your death in the manner you choose. Wills can be of various degrees of complexity and can be utilized to achieve a wide range of family and tax objectives, such as:

  • You may designate a guardian for your minor children if you survive the other parent.
  • You may choose to acknowledge or otherwise provide for a stepchild, elderly parent or other individuals in whom you have an interest.
  • If you are acting as a custodian for the assets of a child or grandchild, you may designate your successor custodian.
  • You may designate an executor of your estate.
  • You may provide for a charity or other beneficiaries.
  • You may provide for a deed transfer, including life estate deed transfers.

Our office can determine which provisions are best suited to your needs and objectives. With good planning, you can be confident that your wishes will be carried out, even when you cannot see to it yourself.

Real Estate Deeds

As written documents that transfer title / ownership or interest in real property to another person, deeds are complex and can be difficult to prepare and execute by anyone other than an experienced attorney. In order to ensure that a real estate deed is reviewed, prepared, and recorded properly in the state of West Virginia, attorney Jeffrey S Rodgers can provide with you with professional legal assistance.

How we can help you

The components of a real estate deed must be acutely in line with the legal expectations of such a document, which means that these types of deeds need to be prepared by a skilled attorney. Included in the verbiage of the deed needs to be a description of the real property, as well as the name of the party who is transferring the property (referred to as the grantor), and the party who will be receiving the property (the grantee). Real estate deeds must also be signed and notarized by the grantor before they can be put into effect.

Defining the Terms Used in a Real Estate Deed

Below is a breakdown of some of the most common terms that are used to create real estate deeds:

Grantor: The Grantor is the owner of the property that is being transferred to another person. There can be one or more grantors, or the grantor can be an entire company or corporation.

Grantee: The Grantee is the recipient of a title to property. Again there can be more than one grantee, and corporations and partnerships can be included as well.

Operative Words: Operative words are used to portray the intent of transferring the title to a property. Examples include, “conveys and warrants;” “convey and specially warrant;” and “convey and quitclaim.”

Consideration: Consideration is the value that is given by the grantee to the grantor. The value, or Consideration, is made in exchange for the actual conveyance.

Types of Real Estate Deeds

Many types of real estate deeds exist, but the two basic types are known as warranty deeds and quitclaim deeds.

Warranty Deed: This type of deed acts as a legal guarantee of the grantor’s ownership of the title. Within a warranty deed, operative words such as “convey” and “warrant” should be used in order to denote the warranties that are being made by the grantor to the grantee. Warranty deeds act as general warranties.

Quitclaim Deed: This type of deed can only transfer a grantor’s interest in real property if the grantor actually has. At the time of conveyance, all of the legal (or equitable) rights that the grantor has in a property will be assigned in fee to the grantee and the grantee’s heirs. Quitclaim deeds do not include a warranty of title.

Other types of real estate deeds can include Release Deeds, Fiduciary Deeds, and Security Deeds.

Completing the Process with Jeffrey S. Rodgers, Attorney at Law

The procedural requirements for completing a real estate deed call for efficiency in the preparation and execution of such legal documentation. Therefore, you need to select a real estate lawyer whose reputation speaks to their ability to sufficiently supply you with the legal means needed to effectively complete a real estate deed in the state of West Virginia.

In order for a real estate deed to be in effective conveyance, it must first be delivered to, and accepted by, the grantee. This will not happen, however, if your attorney does not properly prepare the deed and provide instruction about where to have the deed recorded. (Generally, it’s advised that the recording be made in the same county of the real estate’s location.)

Under the legal guidance of Attorney Jeffrey S. Rodgers, the careful consideration and professional approach that are required for preparing and recording a real estate deed in West Virginia will be provided to residents who need it. Contact Attorney Jeffrey S. Rodgers at 304-647-4550 to schedule an appointment.

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