Posted on: 19th Aug, 2007 03:18 pm
my grandfather is terminally ill and has a lot of unpaid medical bills. my father's name is currently on the deed to my grandfather's property. my dad wants to take his name off of my grandfather's deed--in fear of being stuck with my grandfather's debt after he passes. my dad was planning on doing a quitclaim deed...however, is a warranty deed better? my dad has no interest in my grandfather's property whatsoever. what are your thoughts? Thanks!
Hi Mackenzie,
When your dad is not interested in your grandfather's property, he can get him removed from the title to the property as he wishes. But for this purpose, your father has to do a quitclaim deed as this type of deed is meant for removing name from the property title. By signing the deed, your father will give back his property rights to your grandfather.
But he cannot use a warranty deed for this purpose as this type of deed is used while selling a property. By this deed, the property is transferred from the seller of the property to the new buyer. To know more on warranty deed, please refer to: http://www.mortgagefit.com/warranty-deed.html
When your dad is not interested in your grandfather's property, he can get him removed from the title to the property as he wishes. But for this purpose, your father has to do a quitclaim deed as this type of deed is meant for removing name from the property title. By signing the deed, your father will give back his property rights to your grandfather.
But he cannot use a warranty deed for this purpose as this type of deed is used while selling a property. By this deed, the property is transferred from the seller of the property to the new buyer. To know more on warranty deed, please refer to: http://www.mortgagefit.com/warranty-deed.html
But larry, it's not that a warranty deed is used only in selling and buying transactions. However, if there is a debt against the property, a quitclaim deed is used for conveying interest in the property to someone else.
Now Mackenzie, if your grandfather has unpaid medical bills and no debt secured by the house, then a warranty deed can be used for a change in the title. Your father shouldn't be held responsible for the medical bill payments. By the way, if your grandfather has applied for medicaid, then the bills can be paid off with the amount obtained through medicaid. Did your grandfather make such arrangements?
I hope things get better asap.
Now Mackenzie, if your grandfather has unpaid medical bills and no debt secured by the house, then a warranty deed can be used for a change in the title. Your father shouldn't be held responsible for the medical bill payments. By the way, if your grandfather has applied for medicaid, then the bills can be paid off with the amount obtained through medicaid. Did your grandfather make such arrangements?
I hope things get better asap.
Its simple unless your father is on the mortgage loan he is not responcible for the home but him being on title he has an interest on the property. A quitclaim deed can remove him from the title but will not relieve him of any mortgage responcibility. As far as any medical bills for your grandfather they will not affect anyone in your family whatsoever. When someone dies his bills are forgiven and forgoten. All you will need is a death certificate. The only money your father can be responcible for is the $$ he owes himself.
"When someone dies his bills are forgiven and forgoten."
It would be true but if the creditor has been able to obtain a judgment and has put a lien on the house then when the house gets sold the lien will have to be paid off.
It would be true but if the creditor has been able to obtain a judgment and has put a lien on the house then when the house gets sold the lien will have to be paid off.
i have a warranty deed in my name but the grantors hereby reserve a life estate can the change this out of my name help
Hi kat,
Do you mean whether the grantor can remove life estate from the deed without your signature? well then can and this depends more upon the state where you reside. where do you stay by the way?
Do you mean whether the grantor can remove life estate from the deed without your signature? well then can and this depends more upon the state where you reside. where do you stay by the way?
am i responcible for my fathers utility bills when he dies
Shell,
Yes you will be answerable. if they are not paid, creditor will put a linen against the property which was owned by your father
Yes you will be answerable. if they are not paid, creditor will put a linen against the property which was owned by your father
thanks for your responce greg. just one more question. the home is in probate. and mother is passed away also.
Hi shells,
If your father left a will and the property is in probate, the utility bills will be paid from the estate. You will personally not be responsible for the bills. However, the utility company will have the right to discontinue the utility services on the ground of non-payment of bills.
If your father left a will and the property is in probate, the utility bills will be paid from the estate. You will personally not be responsible for the bills. However, the utility company will have the right to discontinue the utility services on the ground of non-payment of bills.