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How to Quit Claim with a deceased spouse

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?

Caron's picture
Caron | Joined: July 19, 2005 08:37 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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helping_user's picture
helping_user | Joined: March 31, 2006 03:39 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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 [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url].

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

You should contact your county recorder of deeds office to get the property title records updated.

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

how can i removed and x-boyfriend off tite off our truck. title reads sue or tom.

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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 [url=http://www.mortgagefit.com/quitclaim-deed.html]quit deed[/url] house to me.

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jeanb,

As there is a will, you will have to probate it. Once the probate is complete, you will have to record the will at the county recorder's office. Once that's done, the property will be divided amongst your two sons.

Take care.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My father passed away in 2003. The property he had was only in his name. My mother and I wish to change it to our name. I am only 12 year old.

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Patience,

As you're only 12 years old, you may not be able to add your name to the property deed. However, your mother can file an affidavit of heirship at the county recorder's office and get the property transferred in her name.

Take care.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi
My mom passed away 6 weeks ago and did not leave a written will. My sister and I are wondering how we could get her home deed under our names? We dont want to loose her home she worked so hard for that house. Please give us some advice.
sincerly yours, Adrienne and Sarah

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Adrienne,

You and your sister will have to file an affidavit of heirship at the county recorder's office in order to remove your deceased mother's name and transfer the property in your names.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My grandmother had a deed where she gave her children 8 acres each. My father passed away and he was still married to my mom, my grandmother recently asked me for my father death certificate, is my mom still entitled to receiving my father 8 arces? She wants to give it to me what do we need to do to have it in my name?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Robbie,

Your mother is one of the heirs to your father's property. She will have to file an affidavit of heirship at the county recorder's office and get the property transferred in her name. Then she can transfer the property to you.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my father had a will but did not name his 4 children by there name he only said to his children i leave the sum of 10 dollars and stripes is this legal.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome mickey,

Well... this is something which will be better answered by a real estate attorney. You should contact a real estate attorney, show him the will and take his opinion in this matter.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

how do you omit a deceased famiy member from a property title in n.j. to sell home

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi marie,

If you're the heir of the deceased family member, you will have have to file an affidavit of heirship and get the property transferred in your name. Then, you'll be able to sell off the property.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my father recently passed away and he owned a 2005 vehicle paid in full. his wishes were for me to keep the car and my brother agrees. however we cannot find a title nor the current registration for the vehicle. it is currently registered in florida and i live in massachusetts. can you help?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi kerry!

Welcome to forums!

You should contact the Department of Motor Vehicles and they will be able to better assist you in this matter. They will have the copy of the title/registration with them.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

How do I transfer my mobile home title in Texas into my name.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

How do I transfer my mobile home title in Texas into my name.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Billy!

Welcome to forums!

You will have to file an affidavit of heirship in order to get the mobile home transferred in your name. You can contact the county recorder's office for the same.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

hello my husband passed 4 yrs ago no will nada only his name is still on deed for house i would like to take him off? what to do? theres still $$ owed on property

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi margie,

You can file an affidavit of heirship at the county recorder's office to remove the deceased from the property deed and get it transferred in your name. If there is any mortgage, then you will have to get it transferred in your name through refinancing.

Thanks

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