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Quitclaim after death?

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gb13 Joined: 14 May 2011 Posts: 1 1.35 Dollars($)	Posted: Sat May 14, 2011 11:12 am    Post subject: Quitclaim after death? Like 0 Dislike 0 My Dad passed away and I am the executor in his estate. I would like to sell the property (there is a mortgage). Per his will I have the power to sell the property...but he also left behind a signed quitclaim deed & told me to send this in so i can sell the property. Do I need to do this even if the will says I can sell this property? What is probate? Will his will need to go through probate? How do I know if I need to go through probate?
jameshogg Joined: 20 Dec 2005 Posts: 10477 Location: Nevada 990.06 Dollars($)	Posted: Sun May 15, 2011 9:48 pm    Post subject: Like 0 Dislike 0 Hi gb, The will needs to probated. Once you probate the will, you'll be able to get the property transferred in your name and then you'll be able to sell off the property. You can contact a real estate attorney and he will further guide you in this matter. Thanks
gmakerley Community Mentor Joined: 09 Nov 2007 Posts: 12376 Location: bloomfield, ct 58.49 Dollars($)	Posted: Tue May 17, 2011 7:33 am    Post subject: Like 0 Dislike 0 I think you'll find a quit claim deed signed in advance by someone who has died is not at all valid. It'd be a wise measure to learn more about the probate process and your responsibilities and rights as executor by speaking with an attorney expert in these areas. _________________ George M. Akerley Mortgage Underwriter/Consultant Word of Excellence- Writing/Editing/Proofreading 860-221-5044

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