quitclaim deed vs. warrany/special deed

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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!

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 Dollars($)

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

sara

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.

evolovik26 · Posted: Mon Aug 20, 2007 1:07 pm Post subject:

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.

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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

sara · Posted: Sat Mar 29, 2008 2:30 am Post subject: RE:

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?

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