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Hi,
My mother in law's home burned down recently. In researching the Property to determine if she could use it for collateral in a new home purchase to be established on the same land, we found that half the property is in her ex-husbands name, and half in the Estate of her father c/o her alone. Can she use the Quit Claim Deed to have the half from her Ex-husband transferred to her name? Also would the Quit Claim work to have all remaining heirs to the property relinquish their rights to any rights/ownership?

There are 4 heirs besides herself that could claim a shared portion of the interest in the property. It has never been through probate, and she has soley handled all regards to Property Taxes and up-keep to said property. The other heirs have shown no interest in the property until now that she has requested them to sign over their share. Does she have any additional rights to the property, having soley paid the taxes, etc... for over 20 years? None of the other heirs have ever put forward any effort to retain the property in anyway, but suddenly have decided that they want her to "buy" their share. She doesn't feel she owes them any money due to having paid the Property Taxes and up-keep for over 20 years.

Any advice would be greatly appreciated.

jameshogg · Posted: Sat Feb 12, 2011 12:40 am Post subject:

Hi Lonna,

Your mother-in-law's ex-husband will have to sign a quitclaim deed in her favor so that the property is transferred and she becomes the sole owner. As far as additional rights are concerned, it will be better if you could get in touch with a real estate attorney and take his help in this matter.

Thanks

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