How to Quit Claim with a deceased spouse

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Icon Mini Profile franksgurl007





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Post Posted: Sun Nov 26, 2006 8:40 am    Post subject: How to Quit Claim with a deceased spouse
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My mother in law wishes to Quit Claim a piece of land over to my husband and me. My husbands father is deceased and his name is on title. How can this be done since my father in law is deceased? Will additional forms be required?
Icon Mini Profile Caron
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Post Posted: Sun Nov 26, 2006 7:50 pm    Post subject: RE: take deceased owner's name off title and then quit claim
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Hi Franks,

If your father-in-law has died without a living trust, which could have transferred title to your mother-in-law without probate (legal process of settling estate after a person dies), you may have to open a probate court proceeding to transfer the title according to the terms of his Will. The person to whom he has transferred it in writing will inherit his share of property.

If your father-in-law has already transferred it to your mother-in-law, she can easily quit claim the property to both of you. If he has not left any Will, the title will be transferred to your mother-in-law according to the state law of intestate succession. The local probate court will look into the matter depending upon the situation involved.

Thanks,

Caron.
Icon Mini Profile helping_user
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Post Posted: Sun Nov 26, 2006 10:00 pm    Post subject: Transferring Property Rights
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Hi frank,

You are saying that your father-in-law's name was in the title of the property that is a piece of land. After his deceased, the title is automatically transferred to your mother-in-law. In this matter, you need to knock the local probate court as Caron also mentioned in the above post.

Once it happened, she can easily transfer the property in your husband and your name through warranty deed. If there is no mortgage against that property then I suggest it better to transfer the property through warrant deed rather than quit claim deed.

If you are looking forward to know more about the different deeds and all, you can refer a thread on deed "Transferring Property Rights through Deed".

Thanks
Crystal Moore

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Post Posted: Wed Dec 13, 2006 6:43 pm    Post subject: Remove deceased spouse and add granddaughter.
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The deed has my grandmother and grandfather's name listed. My grandmother has passed now. I was advised by my Register of Deeds office that I would need to file two quick claim deeds. One to remove my Grandmother name and one to add my name. My Grandfather will remain on the deed. Everything that I've read does not show me how to remove my Grandmother's name.
Icon Mini Profile sara
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Post Posted: Wed Dec 13, 2006 10:00 pm    Post subject: RE: how to remove deceased person's name from deed
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Hi Crystal,

You need to find out first if your grandmother's share of interest will be inherited by anyone. If there is none as such, then you need to get two quit claim deeds being drafted by an attorney. One should mention that the share of interest owned by your grandmother is transferred from your grandmother (the deceased grantor) to your grandfather (the grantee). This will help to remove the grandmother's name from the deed.

The other deed should mention that a share of interest owned by the grandfather (the grantor) is transferred to you (the grantee).

Thanks,

Sara
Pat

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Post Posted: Fri Jan 05, 2007 3:03 pm    Post subject: Removing my father from the title deed who is deceased
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My father did a quit claim deed in 1996 and in 1997 which listed me as another person on the title deed. My father passed away in aug. 2005 and I want to know how to remove my father's name who is now deceased to show me as the only person on the deed.
olga r.

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Post Posted: Fri Jan 05, 2007 4:15 pm    Post subject:
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You should contact your county recorder of deeds office to get the property title records updated.
Icon Mini Profile sara
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Post Posted: Fri Jan 05, 2007 10:45 pm    Post subject: RE: remove deceased father's name from deed
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Hi Pat,

Welcome to the forums.

You need to record a certified copy of your father's death certificate at the Office of the Register of Deeds. Then you can get a fresh deed prepared by an attorney and record it at the Office of the Register of Deeds. Based upon the death certificate, your father's name will be deleted from the deed.

Thanks,

Sara

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Minnie

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Post Posted: Sun May 10, 2009 8:36 am    Post subject: name not on mortgage
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My husband died and my name is not on the mortgage and he left no will.what will happen will I have to move out of the house.
Icon Mini Profile jenkin7
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Post Posted: Mon May 11, 2009 2:35 am    Post subject:
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Hi Minnie,

If your husband has not left any will, you will need to file an affidavit of heirship with the probate court. The court will decide who should inherit his property as per the laws of intestacy applicable in your state. You should contact a lawyer and file the affidavit of heirship as early as possible.
robin donley

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Post Posted: Fri Sep 11, 2009 3:47 pm    Post subject: removeing deceased off deeds or title
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how can i removed and x-boyfriend off tite off our truck. title reads sue or tom.
Icon Mini Profile jenkin7
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Post Posted: Tue Sep 15, 2009 3:07 am    Post subject:
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Hi Robin,

I believe you can file the death certificate of the deceased with the Department of Motor Vehicles. If the title is in both you and the deceased's name, you will be issued a new title for the truck, which will be solely in your name.
JJC007

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Post Posted: Sat Jan 09, 2010 7:39 am    Post subject: truck title information
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My father passed away two years ago and he left me his old 1973 ford pickup. The day he gave me the keys to take it to my house, he even signed the title over to me. But, since then...... I have miss placed (lost) the original signed title he gave to me. I really have been just letting the truck sit in my garage until I find out how to obtain a title to this vehicle. And the tag agency here locally didnt seem to be much help. Can you give me some advise? Thank you so very much...........Jeff
Icon Mini Profile jerry
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Post Posted: Mon Jan 11, 2010 2:45 am    Post subject:
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Hi JJC,

If you have lost the title to your Ford pickup, you should contact the local office of the Department of Motor Vehicles (DMV). When your father signed over the deed to you did you record the change of title? If you did, it should show up on the public record. It proves that you indeed had the title in your name. If it is evident that you are the legal owner of the Ford pickup, the DMV will issue a new title in your name. You will have to pay certain fees and fill out certain forms to get the new title.

Thanks,

Jerry
jeanb

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Post Posted: Wed May 05, 2010 3:30 pm    Post subject: removing deceased person off house deed
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my x-husband died in january. we still owned a house together. i was his caregiver for 18 yrs after our divorce. he has a valid will and left any property and money he had to our two adult children. how do i get his name off the house deed. do i have to go thru probate? no one is contenting anything. can i just get my children to quit deed house to me.
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