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My mother passsed away last march, and my sister who homesteaded on my mothers property, claimes she has a quit claim deed and filed it about a month after my mothers death. Can this happen, and can anything be done?

jheard · Posted: Tue Apr 29, 2008 8:11 am Post subject:

Yes, a quitclaim deed is typical. However, all the formalities must be met. You can contest your mother's estate in a probate proceeding. Contact a probate attorney.

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi,

If your mother has quitclaimed her property to your sister and it has been notarized and also recorded in the county recorder's office then your sister is now the owner of the property. There is certain time period within which one can record the quitclaim deed in the recorder's office.

BTW you can request a title search to the title company.

Best of luck,
Larry

Guest

Can me and my aunt do a quitclaim on my deceased grandmothers home/land? She wants me to buy out her half, but i want everything to be legal. Last August, i moved in with my grandmother and took care of her til her death in February. In June, i moved back into her house due to divorce. She wants me to start paying her before the deed is in our name. Can you help me?

jameshogg · Posted: Wed Sep 28, 2011 10:41 pm Post subject:

Hi denise,

If the property is in your deceased grandmother's name, then you and your aunt can't use a quitclaim deed to get the property transferred in your name. You and your aunt will have to file an affidavit of heirship at the county recorder's office in order to get the property transferred in your name. If the property is in your aunt's name, then she can sign a quitclaim deed and transfer the property to you.

Thanks

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quit claim after death