Fill and Sign the Fiduciary Deed for Use by Executors Trustees Trustors Administrators and Other Fiduciaries Indiana Form

© 2017 - U.S. Legal Forms, Inc.       INDIANA FIDUCIARY DEED [To Four (4) Grantees] Control Number: IN-SDEED-6 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. GRANTORS This Fiduciary Deed may be used by individuals in the following roles (insert in paragraph one) : as Executor under the Will of __________________ as Administrator of the Estate of __________________ as Trustee of the __________________ Trust as Guardian of the Estate of __________________ as Conservator of the Estate of __________________ as Receiver of the Estate of __________________ or any other “fiduciary.” For example: THIS INDENTURE WITNESSETH , That John H. Doe , of Marion County County, in the State of Indiana as Executor of the Estate of Sarah Tomas Roe , hereinafter Grantor. II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of Indiana, real property can be held by more than one person (concurrent estates) in the following ways: 1. If the Grantees ARE NOT married to each other, they can hold the property as: a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size. b. Joint Tenants with the Right of Survivorship (JTWROS): is a type of concurrent estate in which co-owners have a right of survivorship , meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. 2. If the Grantees ARE married to each other, they can hold the property as: a. Tenants in Common – See above b. Joint Tenants with the Right of Survivorship – See above c. Tenants by the Entireties - a type of concurrent estate formerly available only to married couples, where ownership of property is treated as though the couple were a single legal person. Like a JTWROS, the tenancy by the entirety also encompasses a right of survivorship, so if one spouse dies, the entire interest in the property passes to the surviving spouse, without going through probate. 3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; or, Tenants by the Entirety. B. For example: “. . . as tenants in common , . .” OR “. . .as joint tenants with the right of survivorship , . .“ III. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Indiana. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 1 st Grantee (name, address and telephone) :                         2 nd Grantee (name, address and telephone) :                         3 rd Grantee (name, address and telephone):                         4 th Grantee (name, address and telephone):                         FIDUCIARY DEED THIS INDENTURE WITNESSETH , That       , of       County, in the State of       as       , hereinafter Grantor, does CONVEY AND SPECIALLY WARRANT To ________________________ , ________________________ , ________________________ , and ________________________ , hereinafter Grantees , pursuant to the terms of the subject Will , the following described REAL ESTATE in __________________ County, State of Indiana, to-wit: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description:       Prior Instrument Reference: Book:       / Page:       Grantor does covenant with said Grantees that Grantor is the duly qualified and acting executor of the Estate of       and has the power to convey the above property and that Grantor has not made, done or suffered any act, matter or thing whatsoever since being appointed executor , whereby the above granted premises, or any Fiduciary Deed Page 1 of 2 part thereof, now or at any time hereafter, shall or may be impaired, charged or encumbered in any manner whatsoever. IN WITNESS WHEREOF, the said __________________ , acting as ________________________ has executed this Special Warranty Deed on the day and year set forth below. Date:       (Grantor’s Signature)       Type or Print Name As:             STATE OF INDIANA ,       County, ss: Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named       , who acknowledged the execution of the foregoing SPECIAL WARRANTY DEED, who, being duly sworn, stated that the representations therein contained are true. Witness my hand and       Seal this       day of       , 20     . Notary Public       Type or Print Name Resident of       County. My Commission expires       This Instrument was prepared by:                   Telephone:       Signature       Print or Type Name After Recording, return to:                   Telephone:       Affirmation Statement I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Fiduciary Deed Page 2 of 2 Signature       Print or Type Name Fiduciary Deed Page 3 of 2 EXHIBIT A Grantor:       Grantees:                         Legal Description:       Exhibit A