Quit Claim Deed / Mortgage

oct12 · Joined: 05 Jun 2008 Posts: 1 1.34 Dollars($)

Both my mother and I are on the deed of our house. She passed away and left no will. If I have no interest in owning the property, can I give as a gift, my 50% of the property, using a Quit Claim Deed? I understand I will still have a part of her 50% due to no will at time of passing. Will the Quit Claim Deed in any way affect me purchasing my own home? We live in Texas. Please advise.

JuanHdez · Posted: Thu Jun 05, 2008 7:54 am Post subject:

Great Question Oct,

My understanding of the next process is that the home will go through a court process called probate in which the courts will decide on what to do. I would consult the advise of a state planning attorney to get some detailed information about your situation. A question I have is; why are you interested in giving up free money. I can understan giving it to charity but 50% of anything is a whole lot especially when in comes to the equity in a home.

Best o Luck

J

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 Dollars($)

Hi Oct,

Welcome t the forum.

As your mother has died without leaving any will the property will be distributed among the heirs according to the intestacy laws in your state. So after you get the property on your name, then you can quitclaim the property to anyone you want. But before getting the property on your name you cannot quitclaim the property.

So I would suggest you to consult with an attorney to get the property to your name.

Fell free to ask if you have any further questions.

Best of luck,
Larry

smaildaytoday · Joined: 15 Oct 2007 Posts: 52 0.14 Dollars($)

If it is a joint tenancy, when your mother died, you will get the all of the property, or you can also have a heirdom for the house. only you owner the all of the property, you can quit claim to orther one.

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