Unsure of what to do

ybrad42 · Joined: 02 May 2008 Posts: 1 1.35 Dollars($)

My grandmother died without a will and she has 3 living sons the oldest son wants me to have the house can we do a quit claim deed and I take ownership, or do the other sons have to sign off also? The house is paid for, and currently I am living in the house.

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

Hi ybrad,

Welcome to the forum.

You can use a quitclaim deed to transfer the deed to your name but your grandmother's other sons also need to quitclaim the property to you. So are they willing to quitclaim to you?

Feel free to ask if you have any further questions.

Best of luck,
Larry

Niicss · Joined: 03 Oct 2005 Posts: 1047 156.15 Dollars($)

Welcome brad,

If you want to get the ownership then all the heirs needs to quitclaim to you.

But is the property distributed amount the heirs as per the intestacy laws?

0.10 Dollars($)

Welcome Brad,

Depending on your state a quit claim deed could be enough. However, if you want to ensure no future problems you want to get each of the sons to sign thier interest in the house over to your via a warranty deed. In addition, you would want them to sign a simple document that states they understand that by signing the warranty deed they are "deeding" you thier interest in the home.

This is very simple but, can turn sticky real fast. Since one brother is prepared to give you his portion of the home I would do it with him first. The others can do it when they are ready.

Good Luck

Guest 0.10 Dollars($)

Guest, I would differ with you in the sense that a quitclaim deed may not be the one needed now. This is because the property is in the deceased person's name. So, the only way out is to file an affidavit of heirship to remove the deceased person's name from the title and let the property be in your name. Then the affidavit should be recorded.

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