QuitClaim or Bill of Sale

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My mother passed away last week and before she died she hand wrote a Quitclaim Deed for the house we have been living in as I have been taking care of her for the past ten years. I didn't file the paper right away and don't know if I'll have a problem getting the house into my name now that she has died. I also have a hand wriiten Bill of Sale. Which should I use to get the house into my name?

jameshogg · Posted: Wed Jun 07, 2006 12:17 pm Post subject:

Liz,

A bill of sale is a document to transfer the title to personal property from a seller to a buyer. Real estate transfers are done through a deed rather than using a bill of sale but the contents of a home can be transferred by a bill of sale.

If the bill of sale that you are having is with warranties means that you are assured that the property title belonged to your mother only.

A bill of sale without warranties is similar to a quit claim deed where the seller can't prove ownership or does not want to warrant title to the property.

So, if you are having both of them with you although I don't know the contents in them you can use both to get the house as well as possession of the other personal properties mentioned.

Get them checked by a lawyer and he will assist you to utilize them in the best possible manner. Don't forget to get the deed and the bill of sale recorded.

James

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I forgot to mention that my deceased father's name is still on the house. But my mom worded it on the Quitclaim Deed as follows: Jane Doe, widow of John Doe...do you think that will be ok, or am I going to have problems with this? Also os there a time limit on how long you can take to get this recorded? My mom signed on May 17 and then went in the hospital from May 20-25, them readmitted the 26 and died the 29. I was busy taking care of her so I didn't get to file the paper. Does it matter that it's handwritten?

Guest 0.10 Dollars($)

Hi Liz,

I would like to know the content of both of them. Both have their special utility. Normally you use a bill of sale to assign or transfer your rights or interest in personal property.

It is used sometimes by the seller of a real estate property to evidence the transfer of his/her personal property.

jameshogg · Posted: Wed Jun 07, 2006 12:53 pm Post subject:

Hi Liz,

A real estate lawyer is the best person to judge the contents of a deed. So, I would like you to consult an attorney to get the documents verified.

I don't think that it will be a problem if the deed is hand written provided it is the original copy. Also I would like to mention that there is no time limit for recording a deed.

Contact an attorney first and talk to him on the documents and also take his guidance to get the deed recorded.

Feel free to ask if have more doubts.

James

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Thanks James, I will contact an attorney...a real estate one right??? I'm usually not so ditzy but this legal eagle stuff gets to me.

Also the deed was witnessed by three people, but not notorized...my mom was very ill and didn't leave the house except to go to the hospital. Will this make it invalid?

jameshogg · Posted: Wed Jun 07, 2006 1:45 pm Post subject:

Yeah Liz,

I mean a real estate lawyer who is specialized in his field. The deed is still valid even if it not notarized.

But notarization is required to prove that the signature of the grantor is acknowledged by a notary public. I am not sure whether the absence of your mother is going to make it difficult or not in order to get the deed notarized.

Notarization will be required when you go to record the deed with the County's recorder office.

James

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I want to buy an easement into undeveloped property I own. What is the best way to do it?

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

Hi Rosemary,

I think you cannot buy an easement for your own property. But you can always consult with an attorney before taking any decision.

Best of luck,
Larry

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