Fill and Sign the Indiana Deed Trust Form

© 2017 - U.S. Legal Forms, Inc.       INDIANA WARRANTY DEED [ Trust to Husband and Wife / Two Individuals ] Control Number: IN-025-78 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. 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 .” III. 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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:       By: Signature       Type or Print Name 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       , w ho 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       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. Signature       Print or Type Name Warranty Deed Page 2 of 2 EXHIBIT A Trust:       Trustee:       Grantees:             Legal Description:       Exhibit A