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Should I record the quit claim deed?

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Icon Mini Profile toj22





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Post Posted: Wed Nov 11, 2009 10:21 pm    Post subject: Should I record the quit claim deed?
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My mother passed leaving no will. She had refinanced her home in her husbands name but had the deed quit claimed back to herself but never recorded it. Due to physical abuse, there was a restraining order against her husband and he was not living at the premises.The house has no equity and has a lien. I was able to get most of my moms things but now have no access to the house to get the rest of her possesions. The law states her estate would be divided between her husband(50%),myself(25%), and my sister(25%).

If I record the quit claim will I be responsible for the lien and/or other financial responsibilities?
Icon Mini Profile Niicss
Niicss




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Post Posted: Thu Nov 12, 2009 1:54 am    Post subject:
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I don't think you would be able to record the quit claim deed now as your mother is deceased. You should have recorded the deed during the lifetime of your mother.
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Icon Mini Profile raymond
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Post Posted: Thu Nov 12, 2009 8:49 am    Post subject:
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It should have been recorded immediately after being signed. Doing it now will result in legal hassles.

Right now her husband owns 100% of the property, and he doesn't have to let you inside the house. Did she have a Will? Or Living Trust? If not, her Estate must go through Probate.

You need to see a Probate Attorney.

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