Should I prepare a Quit Claim or Warranty Deed

TraceyMAnderson · Joined: 31 Oct 2007 Posts: 1 1.00 Dollars($)

Family Friends (husband & wife) wish to deed me their
property (sole ownership). Wish deed should be
prepared?

Guest 0.10 Dollars($)

Hi Tracey,

A warranty deed will ensure you that the title of the property is clear and there are no liens on the property.

Whereas, a quit claim deed simply transfers the ownership with no such record whether the title is clear or not.

If there are no liens on the property and the family friends are reliable you may go for a quit claim.

larry · Joined: 27 Jun 2007 Posts: 3328 473.40 Dollars($)

Hi Tracey,

I would like to suggest you to go for the warranty deed as it will ensure you that the property is free from all kinds of liens. If you go for the quitclaim deed, there may be lien attached to it and then you will be responsible to pay the lien.

Thanks,
Larry

Guest 0.10 Dollars($)

My mother and I each own half interest in our home. I have had power of attorney for my mom for atlease three years now. Can I use the power of attorney to quitclaim deed my moms' 50% interest to me or to my sister?

jenkin7 · Joined: 04 Jun 2007 Posts: 939 140.77 Dollars($)

Hello Petersown,

Does your mother have a will? If yes, then does the will state that your mother's interest has to be transferred to your sister or to you?

If your mother wishes for such a transfer, then you may use your power of attorney to do that. It also depends upon what type of power you have been given and whether you can do property transfer with the help of that.

sara

Hi Peters,

Welcome to the forums.

I do have a question here. Is your mother not mentally fit to affect the transfer on her own? if that is so, then you may use the Power of attorney. Otherwise, if she is mentally fit and available to sign on the quitclaim deed, then the power of attorney cannot be used.

A power of attorney is used only when the principal or the person giving authority to another is going through illness or disability or cannot be present to sign legal documents. In case, your mother isn't in such a state of sickness or absence, you will not be able to use the power of attorney.

Take Care

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