Title Issues That Are "Hidden" 

Ownership to real property can arise when the deed is a joint tenancy or transfer on death deed.  

Joint Tenants with Right of Survivorship.  For example, if property is conveyed to X and Y as joint tenants of survivorship and the next conveyance in chain of title is from Y to Z--the question is what happened to X? 

The death of X is a "hidden title issue" because no evidence of death of X is in the public records affecting real estate.   This issue is resolved in Wyoming by recording with the county title office an Affidavit of Survivorship which has a death certificate of X and a new deed showing the owner.  

Transfer on Death Deed.  Where there is a transfer on death deed there is no evidence of the owner's death in the public record.    When X makes a transfer on death deed to Y, public record must show that X has passed away so that the property can convey to X's beneficiary. 

This issue is easily resolved by recording an Affidavit of Survivorship verifying the death of the owner which has now resulted in title of the property to the transfer on death beneficiary.   A new deed is recorded with the county recorder showing the new owner. 

If you need review of a deed to your real property, please contact The Law Offices of Gayla K. Austin LLC at 307.200.1914.