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Quit Claim Deed or Will?

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Icon Mini Profile Radiantraindrop





Joined: 06 Oct 2009

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Post Posted: Tue Oct 06, 2009 2:18 pm    Post subject: Quit Claim Deed or Will?
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Hi!! I have a million and one questions so if anyone can help me it will be greatly appreciated.My Fiances mother recently passed.He now stays in the house where she lived to take care of his 80 year old grandmother. Now here goes the question.....His mother and grandmothers name is on the house.His grandmother wants to leave him the house but the house isnt paid for.He wants the house and wants to have his name on the house so should he just have her make out a will or do a quit claim deed.
Icon Mini Profile jenkin7
jenkin7




Joined: 04 Jun 2007

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Location: Hawaii
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Post Posted: Tue Oct 06, 2009 11:09 pm    Post subject:
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Hi Radian,

Your fiance can get a quitclaim deed signed by his grandmother. This will transfer the property to him. Once the deed is notarized and recorded with the county recorder's office, his name will appear on the title to the property. Since there is a mortgage on the property, he will have to refinance the loan and take over the responsibility of the debt. This is the easiest possible option. If the property is left to him through a will, the property will have to be probated after the death of his grandmother. The process of probate could be expensive and tedious.
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Post Posted: Fri Oct 09, 2009 6:04 am    Post subject:
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Ok thanks very much! I have another question. What if the house still holds his deceased mothers name on it. How does he go about getting it removed?
Icon Mini Profile sunnyca2009





Joined: 04 Aug 2009

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Post Posted: Fri Oct 09, 2009 6:42 pm    Post subject:
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Just go to the local county office and they shoudl be able to help
Icon Mini Profile leeelliot61





Joined: 13 Sep 2009

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Post Posted: Sat Oct 10, 2009 10:14 pm    Post subject:
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you need to submit death certificate & affidevit of heirship in local clerk office to remove name of his mother from property
Icon Mini Profile savior70





Joined: 25 Mar 2009

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Post Posted: Mon Oct 12, 2009 7:02 am    Post subject:
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To Guest,

If your mother's name is still on the property title, you can file her death certificate with the county clerk's office and have her name removed from the title. In case you want to remove her name and add your own on the title at the same time, you can file an affidavit of heirship with the probate court and claim your interest in the property.
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