Is quit claim possible if deceased owner has left no Will?

Guest

My grandmother recently died with no will. Her children wants my mother (the oldest child) to sign a quitclaim deed giving the house over to the youngest child for $1. My mother wants the youngest child to buy the house from them, then split the monies equally amongst the others. What should she do? If she signs the deed, isn't she giving up her interest in the house?

Guest

Tracey,

Firstly as your grandmother died without a will, the division of the house and property will be decided by the court as per state laws. This procedure is called intestate succession.

And if in the decision by the court the house was given to your mother, then she can transfer it to any other person.

After she has the house in her name she can very well use a quit claim deed to transfer the house in the name of the youngest child. But as you said it will transfer her interest in the house to the other child.

If she does not want to give up her interest in the house then she should not use the quit claim deed.

Guest

If the other children do not want any part of the money from the transfer to the youngest then also quit claim deed can be used. All have to mutually agree to what would be the best solution.

As Kim said, if your mother signs a quit claim deed then she will not have any rights left over the house and the house title will get transferred in the name of the youngest child.

Viola Louise Engel

Caron

Hi Tracey,

Welcome to the forums.

Since your grandmother hasn't left behind any Will, it's not evident as to who will be inheriting the property or how much share of interest will each of her children hold in the property. This is why your mother cannot quit claim any part of the property; neither can the youngest child buy the house from any other children.

In this situation, when a person dies without a Will, the property or estate left by him is divided by the court as per the laws of Intestate Succession. The local probate court will distribute the property amongst your mother and others.

However, if the court assigns a certain share of interest to your mother and she wishes to quit claim a part of it, well then she will obviously be losing a part of her interest in the property. In any case, anyone can sell or quit claim only after he/she gets a share of ownership interest in the property.

Hope this is clear to you now. For any other query, please let us know. Smile

Thanks,

Caron.

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