Question about a quit claim deed.

luv_a_good_book2 · Joined: 03 Mar 2008 Posts: 2 1.80 Dollars($)

My father and mother got a quit claim deed on the house they bought in the '60's. Also, the 4 children are on the deed/property tax and homeowners insurance. My mother was married twice. Two children by first husband and two by second, myself and my brother. My father has since passed away. My mother is 82 and has had some minor illnesses, but nothing that keeps her from getting around. There is no mortgage on the house. My mother is saying that she will leave the house to me since my siblings already have a house.

My quesiton is will quit claim deed take care of her passing the house to me in her demise or does she need to sign the quit claim deed over to me before her demise? I have not seen the quit claim deed but I believe the 4 children are listed on there. She was told by a church member who is a lawyer that since her last two cihldren has the name of her last husband the house will go to them.

Or would a will be better in dealing with the property and her other assets? Or is having a quit claim deed and a will the better option? She keep saying she is going to complete a will but have not done so yet.

jheard · Posted: Mon Mar 03, 2008 8:30 am Post subject:

If she wants to give you the house now, she should execute a deed. If she wants to give you the house at death, she should execute a will.

If she does nothing, the house will be divided among her heirs according to your state's intestate succession laws, probably divided equally among her kids.

luv_a_good_book2 · Joined: 03 Mar 2008 Posts: 2 1.80 Dollars($)

Yes, her plans were to leave me the house when she passes. If she changes the quit claim deed to only reflect my name, will I gain full possession of the propety when she passes?

If she changes the quit claim deed to reflect only my name, does she still need to put in the Will anything regarding the property?

sara · Posted: Mon Mar 03, 2008 9:53 pm Post subject: RE: quitclaim or Will?

No luv_a_good_book, if your mother changes the deed now by drafting a new one and putting your name as the grantee (one who will receive property), then she need not prepare a Will again. Then you will be the owner from now onwards.

However, if she does not get a new deed executed now, and wants her property to be distributed only after death, then she needs to execute a Will.

Take Care

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