Posted: Tue Apr 17, 2007 1:05 am Post subject: Quitclaim Deed or Affidavit of Heirship?
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. _________________ Need help choosing the right loan? Get free consultation from community lenders/consultant
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. _________________ Procrastination is the enemy of your financial sucess
Posted: Tue Apr 17, 2007 2:32 am Post subject: RE: quitclaim vs heirship affidavit
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.
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.
Quit cliam deed is used for the alive people to transfer property to another one. If the owner has gone and no will left, the family can use affidavit of heirship to gain this property legally.
Posted: Tue Nov 11, 2008 10:32 am Post subject: my grandmas property
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
adonis
