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I recently found out that the house my father lived in his entire life is still in his grandmothers name. She passed away long ago, his mother passed away in the late 70's and he passed away in 2002. There is no will as far as I know. However, his mothers sister (My Great Aunt) is still living and she is 92 years old. My Great aunt has no children and is in good health. She keeps the taxes on the house paid up and has stated to me that IF it were possible she would want me to have the house. I myself have no brothers nor sisters and was wondering if a simple Quitclaim deed solve this problem? AND given this particular situation would the quitclaim be valid? I've also heard about filing Affidavit of Heirship..but I was wondering if the Quitclaim Deed was still the best option in this situation.

adonis · Posted: Tue Apr 17, 2007 1:46 am Post subject:

Welcome Ki,

Since there is no Will on the property, you may file an affidavit of heirship which helps to transfer property to a heir in case there is no Will.

sara

Hi Ki,

For different purposes related to legal matters, different types of forms are used. In case of transfer of property having a deceased owner's name on the title, one should use an Affidavit of Heirship.

The quitclaim deed is used to convey interest in property from one or more individuals to another. But unlike an affidavit of heirship, the quitclaim is executed during their lifetime.

Thanks,

Sara

Guest

my husband just passed away, and both our names are on the mortgage. Where do i get an affidavit of heirship to remove his name.

Guest

Hi brendajohn!

You have to visit the County Recorder’s office in order to file an affidavit of Heirship so that you can remove your husband’s name from the property. However, the lender may ask you to refinance the property so that the mortgage is on your name. The lenders generally prefer this. It solely depends on your lender whether he will ask to do the same or not.

Guest

the deed is in my uncles name and my grandmas name they have since passed away. my Aunt who is married to my uncle isn't in the will because she remarried. in 05 my grandma sent something to my aunt and she never signed it now my dad and my other uncle are trying to sell my grandmas house and they did a quit claim deed but my aunt isn't signing. what do we need to do. the house is supposed to be closed on the 15th

smithsussane · Posted: Wed Nov 12, 2008 12:24 am Post subject:

Hi Suzi!

Your query has been answered in the below mentioned link.
http://www.mortgagefit.com/quitclaim/house-closing.html#66553

Take a look at it. I hope it will help you.

Thanks

Guest

i want to know how to change a title of a mobile home to my name my husband died 9 years ago and left a will but we live in louisiana and he had children but they all agree its mine what do i do without spending a lot of money

jenkin7 · Posted: Thu Mar 12, 2009 11:41 pm Post subject:

Hi dianne,

Changing the title with a quitclaim would have been less costly. But that doesn't seem to be possible as your husband is deceased. Since he has left a will, the property will go through a probate before it is distributed to the heirs. When everone mentioned in the will has got a share in the property, those who are not interested in it can quitclaim their share to you.

Guest

we have land in our family in which my grandfather lived on for many years, he has since passed on. the land is still in my great grandparents name and there was no will. my father wants to have the land transferred to his name since he and i are paying the taxes on it. he was told to file an affidavit of heirship. would this be enough

adonis · Posted: Sun Feb 21, 2010 10:15 pm Post subject:

Welcome terrill,

An affidavit of heirship will help you and your father to transfer the property in your names. You will have to file it at the county recorder's office. This will be sufficient enough to transfer the property in your names.

Guest

my parents passed away 30 years ago, since then I have maintain the home place and built a house on this property. my other siblings had the homes that was gave to them by my parents before they passed. do I have squatters rights our what rights do I have

smithsussane · Posted: Mon Dec 20, 2010 9:19 pm Post subject:

Hi betty!

Welcome to forums!

You won't be able to claim the property that your parents gave to your siblings. Your siblings will be considered as the owner of that property.

Feel free to ask if you've further queries.

Sussane

Guest

I have lived on my parents property since they passed away 30 years and have build a home on it , do I have squatters rights? My parents had already deeded my other sibling their homes before they passed away.

jameshogg · Posted: Sun Apr 10, 2011 9:53 pm Post subject:

Hi betty,

You may claim adverse possession if you've maintained the property and paid taxes for it. You can contact a real estate attorney and he will be able to help you in a better manner in this regard.

Thanks

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Quitclaim Deed or Affidavit of Heirship?