Owner deceased: is quit claim deed possible?

Guest

My sister passed away 2 months ago from a breif fight with cancer. (six weeks, age 50). Before she died she quit claim our fathers land to my brother and this was okay with the rest of kids. Then 3 weeks later my brother finds out he has cancer and dies 5 weeks later. He quit claims the land to me before he dies. I was so busy nursing him I didn't take the first deed to be filed. Now here I am trying to file the first deed to my brother after my brothers death. Is that legal. I live in Arkansas and thought I would file the first one before the last. What a horible 3 months.

blue · Posted: Fri Dec 22, 2006 5:56 pm Post subject:

Hi Sandy,

Sorry to hear about the loss you had suffered within this short span of time.

Please go through the following page to know about the suggestion other community members have provided about the situation you are in.

This is the page: http://www.mortgagefit.com/know-how/filingquitclaim.html

Blue

Guest

My grandmother passed away and she had 3 daughters one of them was my mom and she is deceased so her four children became heirs of the grandmothers estate. And the two daughters.
Anyhow, I am confused with a situation. My Aunt is wanting me and all my brothers to sign a quit claim deed on three houses that my grandmother owned. Are we basicaly giving up all rights for us to get anything out of these houses?
She has mortgages on them all. I don't know how that affects it?
Thank you
Jade

sara

Hi Jade,

Welcome to the forums.

If your aunt wants you all to sign over a quit claim deed, perhaps then she actually wants you to transfer your entire share of interest on the houses to her. In that case, you will be losing your rights on the total property.

A quit claim deed cannot transfer the loan, it can only transfer the interest in property. So, if your aunt has taken the loans, she should pay them off even if she gets your property.

However, if you decide not to give up your rights on property, then you are the legal owners and you will need to repay the loan only if your aunt defaults and fails to make payments. This will help you to save your property from being taken over by the lenders.

Hope I could clear your debts. In case, you have any other query, feel free to share it.

Thanks,

Sara

Guest

When my dad died in 1992 he made a living will, stating when Mom died the estate would be split between me and my sister. We decided I would get the power of attorney and get what was left of the estate for taking care of Mom the last fourteen years. This was in 2004 when the property was only half the value. No new will was made because I was to get the estate. Mom is on the way out and sis denies it. We signed a notarized paper that the living will was void. Could it be reinstated if I was to put the property in my name?

adonis · Posted: Fri Jan 05, 2007 9:07 pm Post subject:

Welcome Bob.

If the Will is void, then it cannot be reinstated.

Guest

my uncle has a deed with his name and my grandmothers name (she is deceased) appearing on it . he wants to remove her name and add mine. Should the quit claim deed have his and my grandmothers name appearing first then changing to his and mine or just his name appearing first then changing to his and mine.Thank You. Dave.

Guest

Did your grandmother make a will for transferring her share in the property? How your uncle and grandmother held the property, as joint tenants or tenants in common?

Your uncle can only make a quit claim deed to include you as a co-owner to the share of the property he has. He can not quitclaim your grandmother's share of the property in your name.

How her share of the property will get divided will depend on her will or on how she & your uncle owned the property.

Magee

helping_user

Welcome Dave.

If your grandmother has made a Will stating that her property will pass on to your uncle, then he will be the next owner of the property.

After your uncle gets the ownership, he can add your name on the title through quit claim deed. In such a case, the deed will have your uncle's name as the grantor transferring his property to you as the grantee.

I mean that whoever is the sole owner of the property after your grandmother's death can add someone's name to the property-title.

Thanks.

Guest

My Sister's Friend passed away suddenly. He had put her on the deed to the house what does she have to do to get the house put into her name?

jameshogg

Hi Pat,

Welcome to forums.

Your friend's name is alerady on the deed. So, she does not have to worry about her interest in the property.

However, if she wants to get the entire property in her name, then she can contact her freinds's attorney. She can find out if her friend has left any Will.

If there is any Will, then it has to go through probate to make it valid. Or else, the state will distribute the property as stated by the laws of Intestate Succession.

I found a similar query at a previous thread on Transfer of Deed after death. You can refer it for any further suggestion.

Thanks,
James.

Guest

Hi,
My boyfriend and I have been together 11yrs. he bought this house for us and we moved in it together. He has had a colon cancer operation in the past month and is not doing so well, if something happened to him all of a sudden, what would happen to the house, my name is on nothing, except our checking and saving account. He has two kids, but no will, what would happen to our house in this case?
Thank You, Vicki

blue · Posted: Thu May 24, 2007 12:51 pm Post subject:

Hi Vicki,

Welcome to Mortgagefit discussion board.

I am very sorry to hear about your boyfriend's condition. May he recover soon.

Regarding the ownership of the house if something happens to him, is he in a condition to sign on legal documents?

If he is in then you can ask him to make a quit claim deed with ownership entered as joint tenants with right of survivorship so that if some thing happens to him you will get full ownership of the house.

Do let know if you have any other questions.

Thanks
Blue

Guest

hello, my father died leaving no will and the property is not paid for yet.i am the oldest son.will a quit claim work for me?

miller_st · Joined: 17 Jan 2007 Posts: 917 168.92 Dollars($)

Jerel, I am really sorry to hear about your father's death.

As he did not make a will and there is a mortgage still unpaid, lender will ask the new owner to refinance the loan in his name or the house be sold off and his balance repaid.

But right now the new owner is not known as your father died without making a will. If a person dies without making a will then it is called as dying intestate. In this situation, laws of intestate succession as applicable in your state will decide who will be the new owner.

Quit claim deed can't be used in your situation. It is used when the person who owns the property is still alive as his signatures are required on the deed for property transfer.

Hope I was able to make things clear for you.

Miller

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