Owner deceased: is quit claim deed possible?

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

Hi Kathleen,

Welcome in this forum.

If your name is on the title, you can quitclaim your share of interest to your brother but if your name is on the mortgage also, then the quitclaim will not remove your name from the mortgage. Your brother, to whom you are transferring the property, should refinance or do a novation to remove your name from the mortgage.

Thanks,
Larry

Guest 0.10 Dollars($)

Hi,

If you have ownership rights to the property, you may sign a quit claim to transfer your portion to your brother.

But I think you will have to take the consent of the other owners in order to do the transfer.

Guest 0.10 Dollars($)

My brother is ill and has a will naming me (sister) as his executor and heir. A friend has been taking care of my brother for the past 10 months. I want to give him the house - put his name on the title - and keep the house out of probate. I have durable power of attorney - have consulted two attornies and they suggest changing the will. My brother is too ill. If we file a quit claim deed putting the friend on the house, does my brother have to stand in line at the recorder's office? Can, I with durable power of attorney - quit claim the house now? My brother knows about all of this, but he's just too ill to take care of it.
Thank you.

Cindy

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

Hello Cindy,

I suppose your attorney is correct.

Since you are named in the will as the beneficiary the ownership of the property should come to you first and then if you want to give it to your friend you may do that.

But if your brother gives his consent to transfer the ownership to your friend, he may do it using a quit claim. Either your brother has to sign the deed as the grantor or you may do that on his behalf, since you have the power of attorney. In that case, the will becomes ineffective. And you may execute all the other formalities related to the quit claim

Guest 0.10 Dollars($)

My husband's mother died and her Will stated he was to recieve the house and the mortage that is attached but in the event he doesn't want it the house is to be split among the siblings. My husband wants the house and the siblings want a quit claim deed. My understanding they don't have a right to the house. What do you think

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

Hello Sharon,

If the will states that your husband should receive the house, then I suppose that has to be done first and then he may sign a quit claim to transfer the property to the siblings. I think that would avoid complications.

You may also consult an attorney and take his advice.

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