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Do You Have to Hire a Lawyer to Prepare a Legal Deed?

February 09, 2012 | Comments: 0 | Views: 265

The internet has created a do-it-yourself economy. Ten years ago, you had to pay certain professionals (realtors, lawyers, etc.) for secret information. People can now easily find much of the same information within a few minutes on the internet. Instead of paying someone else do to something, many people prefer to simply learn how to do it themselves and save the money.

The do-it-yourself attitude has affected the legal industry as well. People are still willing to pay attorneys for legal skill, but many don't want to pay for something as simple as filling out a certain legal form. If a person can get a form themselves, they would rather do so instead of paying an attorney. The reluctance to hire an attorney for a simple form has created a need for legal forms that people can fill out themselves.

Many companies have started supplying forms to meet this need. People can now find almost any legal document online. They are also available in most office supply stores. If you are looking for a legal form online, you can probably find it.

So what about deeds to real estate? Are deeds just legal forms that do not require the assistance of an attorney? Or do you need an attorney to prepare a deed?

The answer isn't always simple. It is true that deeds are just legal forms. Most deeds will have some common elements, such as a description of the real estate, the names of the people who are transferring and receiving the real estate, the date that the deed is signed, and a section for the deed to be notarized. Beyond these basics, though, the requirements for a valid deed can differ significantly from state to state.

Because the laws of each state govern property within that state, each state has its own set of laws to apply to deeds. A deed that is effective in one state is unlikely to be effective in another. Each state's laws will apply to real estate located within that state, and the laws of the two states are usually different. This means that there is not one single deed form that will be valid to transfer property in all states. Everything depends on the requirements of your state.

Thankfully, there are some form providers that take these state-specific rules into account. Instead of selling on standard quitclaim deed form or warranty deed form, these providers have 50-one for each state in the United States. This makes it much more likely that the deed will be effective in the state where it is used. All that you need to do is be sure that you choose the right state (the state in which the property is located).

There are still reasons why you do need an attorney to transfer real estate. If, for example, someone is buying the real estate form you, that person will probably want to ensure that there are no title issues. If a mortgage is involved, the bank will want the same protection. An attorney can examine the title and issue a title policy on the home. But if you are comfortable that title is clear and if a bank is not involved, you may be able to prepare your own deed, without a need for an attorney.

Do-it-yourselfer? Visit for information on how to prepare a quit claim deed yourself, without an attorney! We provide simple, plain English explanations of the different types of deeds and how they are used, along with resources to help you prepare the deed and transfer your real estate.

Source: EzineArticles
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