Indiana Deed Trust

INDIANA WARRANTY DEED [Trust to Husband and Wife / Two Individuals]

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Control Number: IN-025-78

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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 Entirety - 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 additional information on the above see the definitions at:

http://lawdigest.uslegal.com/

C. For example:

“. . . as Tenants by the Entireties , . . .” OR

“. . . as Tenants in Common , . . .” OR

“. . . as Joint Tenants with the Right of Survivorship and not as Tenants in Common .”

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Grantee(s) (name, address and telephone):

WARRANTY DEED

[Trust to Husband and Wife / Two Individuals]

THIS INDENTURE WITNESSETH, , an individual, whose address is , as Trustee under the provisions of a Trust Agreement dated the , , known as the Trust,

CONVEYS AND WARRANTS

unto , of County, in the State of and , of County, in the State of , husband and wife, as tenants by the entireties, the following described REAL ESTATE in County, in the 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: Instrument No. (10 Digit): / Book

Page

IN WITNESS WHEREOF, the Grantor, acting in his capacity as Trustee of the Trust, has executed the above instrument on this the day of , 20.

Name of Trust:

Warranty Deed Page 1 of 2

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 WARRANTY DEED as Trustee of the Trust known as , and who, being duly sworn, stated that the representations therein contained are true.

Witness my hand and Seal this day of , 20.

Notary Public

Resident of County

My commission expires

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.

Warranty Deed Page 2 of 2

EXHIBIT A

Trust:

Trustee:

Grantees:

Legal Description: