Posted: Wed Dec 21, 2005 11:26 am Post subject: Owner deceased: is quit claim deed possible?
My aunt passed away leaving a will. She owned a house that was paid for. Her name is the only name on the deed. The will states the property is to be sold and the proceeds will be split between her neighbors and myself. We are both named in the will. They do not want the house to be sold. They want it for their daughter and for a quit claim to be done. I want the house sold. Will they be able to just get house like that? Because the owner is deceased, can a quit claim be done? THank you.
It is sad to know about your aunt's death and the problem that you are facing after her death.
But I shall advise you never to get panic under these situations. Keep your calm and you will be successfully through this problem.
Since the will states both yours and your aunt's neighbor's name so no one can take your claim against your will. Be assured of that.
Talk to them again and see if you can convince them agreeing to sell the house and the money can be divided between you and them.
If they insist on a quit claim instead, then you can go for it with no other options left with the assurance to get the money for your portion. Yes it can be done to transfer your rights on ownership to them.
But always consult an attorney to see that you are not cheated of the deserved amount after the deed.
Feel free to ask if you have any more doubts. We shall be happy to help you and give you support in this circumstance.
Posted: Wed Dec 21, 2005 12:41 pm Post subject: information on quit claim
Since your name is on the will, so you along with your neighbor automatically have legal ownership over the property after your aunt's death.
This gives you the ownership rights and gives the opportunity to quit claim your rights at your wish. But always take the help of an attorney to see that you are not betrayed of the money that you should get due to this transfer.
Negotiate with your neighbors as per your attorney's advice and the agreement documented. Kindly, study various information on quit claim before going for the deed.
Have you checked the will yourself? Since you are saying that your mother didn't left any will, then how your brother's name is appearing. I shall advise you to get it checked if have any doubts.
If the will is authentic, then your brother is the legal owner of the house.
If you have any more queries you can post it here.
Posted: Fri Jan 06, 2006 12:01 am Post subject: RE:
Hi Michele,
Welcome to the forums.
Your husband can add your name through a quit claim deed. This deed will allow you to have rights over a certain share of the property without affecting the title of ownership of the property.
Our section on quit claim deed will help you to know more on this deed. And, please let us know if you have any other query.
Posted: Fri Jan 06, 2006 1:05 pm Post subject: a minor is award a property with a mortgage
My daugther was named as the heir to a home which has a monthly mortgage. She is a minor age 16. The deed to the property has not as of yet been sign with her name. As her mother, I am the guardian. can my name be added to the deed?
You said that your daughter is yet to sign the deed. I would like to know then who is the current owner?
If your child can be declared as self supporting by the courts, then only she falls under emancipation criteria. This will make her eligible to sign a deed. Otherwise a deed signed by a minor can be considered void.
Get an attorney involved in the issue who is also required to witness your daughter signing the deed.
I think you mean that your daughter's name is on the will. You can add your name on the deed provided as mentioned earlier by James and with your daughter's acceptance.
Also it is required to know if your daughter's name is the only one in the title.
I shall advise you to involve an attorney in the process to safeguard any discrepancy in the future.
Feel free to post if you want some more clarification. We will be happy tp help you.
You can sign a deed in place if you have the durable power of attorney as your daughter is still a minor. But it is always better to consult a lawyer in this case to get the best possible guidance.
My husband bought a house, he became terminally ill and supposedly changed the deed explaining when he died he wanted his twin brother to get full possession of the home, we were not married at the time but it is whst we both wanted. When he passed it turns out the brother owns half and said there was a mistake made in the begeining and now I own half. I want him to have it, what do I do?
bernsie01
