Owner deceased: is quit claim deed possible?

Guest

My mother-in-law died 4 years ago with no will just a small house. We haven't been able to sell it for a reasonable price. We owe a friend a debt for helping us in our business. Can we quit claim the property to him to clear the debt, and if so what all do I need to do?
Thanks,
Mary

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

Guest

My husband was sent a quit claim deed to transfer property he has a small percentage in, the deeed reads for the sum of 10 dillars but he is entitled to 1/36 interest in the property..if he signs the deed, will he only recieve 10 dollars or the 1/36 interest as stated in the deed?

larry · Joined: 27 Jun 2007 Posts: 3328 474.49 Dollars($)

Hi Betty,

Welcome to the forum.

If the sum of 10 dollars is mentioned on the quitcliam deed, it means that your husband will be transferring the property in return of 10 dollars. Even if he is entitled to 1/36 interest in the property, he will only be getting 10 dollars as stated in the deed.

Guest

Larry,
Thanks for your reply.
As I suspected you gave me the correct answer.
Betty

larry · Joined: 27 Jun 2007 Posts: 3328 474.49 Dollars($)

Hi Betty,

It's my pleasure to help you. If you have any further qery, please feel free to ask.

Guest

my brother passed away. I understand that he did a quit claim and added his spouse. she know needs copy of deed. to give to insurance. however, the clerks office stated that she will get copy but that she is not the legal owner?

blue · Posted: Wed Aug 29, 2007 12:33 pm Post subject:

Hi Esther,

Welcome to Mortgagefit discussion board.

I am really sorry to hear about the passing away of your brother.

If he had made a quit claim deed to add his spouse then I don't understand why they are saying that she is not the legal owner. Was the deed recorded properly?

Thanks
Blue

larry · Joined: 27 Jun 2007 Posts: 3328 474.49 Dollars($)

Hi Esthar,

I agree with Blue. The deed must not have been properly recorded. Otherwise, the clerks would not have said such words. In that case, she needs to go to the County Recorder's office where a deed is recorded. The County Recorder will review the deed properly and will get it recorded. After the recording, the deed will become valid.

Guest

three years ago my mother, sister and I purchased a house with all three names on all the papter as joint tenent with right to survivorship. except for the mortgage was in mly mothers name only. She is now deceased and we want to get our names onto the mortgage. On the warrenty deed it has all three names. And the mortgage company said we would have to get her name off the deed first. We spoke to a gentleman at the goverment center and he said we would have to get a quit claims deed..
How is that possible with her gone??and is it nessecary?? Can you help us to make this change as smooth and easy as possible

Guest

As title was held as JTWROS, after your mother's death, all of you have become owners of the house.

What you need to do is file a new deed with mother's death certificate with the county recorder's office to make the change in the deed.

larry · Joined: 27 Jun 2007 Posts: 3328 474.49 Dollars($)

Hi Truddy,

As your mother is no more, the deed will first require her name to be removed from it. You will have to file an affidavit of heirship to remove her name from the deed. Then to take over her payments towards the loan, the lender may ask you to refinance by taking a new loan in your name.

Guest

My mother recently passed away and originally left 5 timeshares to all three children. Since then my brothers have through our attorney relinquished their rights to the timeshares and given them to me, I need to have the titles changed. Two of the timeshares are in Florida. Can you advise me of what I need to do with the least expensive method. Thank you.

larry · Joined: 27 Jun 2007 Posts: 3328 474.49 Dollars($)

Hi Sue,

Welcome to the forum.

To change the title of the timeshares, you can use a quitclaim deed. In the deed, your brothers will sign as grantors and you will be the grantee. By signing over the deed, they will be giving up their ownership rights to the property. After this, you will have to get the deed recorded at the county recorder's office. The cost of transferring the title by a quitclaim deed varies from state to state. You will have to check out what is the cost in your state.

Guest

My mother is in assistant living and has a home, she is wanting to quit deed the home to me before she runs out of money eventually ends up in a nursing home. Can this been done? What are the down falls tothis?

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