How does a quit claim work when I die?

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Icon Mini Profile coachpremoate




Joined: 09 Jun 2009

Posts: 1

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PostPosted: Tue Jun 09, 2009 12:06 pm    Post subject: How does a quit claim work when I die?

I refinanced my mortgage. When I did it, the broker structured it with me only on the mortgage/deed and had my wife sign a quit claim.

What happens when I die? Will the house automatically pass to her? Can the bank take the property away from her even if the mortgage is current?

We live in Washington State which is a community property state.

Thanks for your reply!

Josh
Icon Mini Profile Niicss
Niicss



Joined: 03 Oct 2005

Posts: 2620
Location: New Jersey
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PostPosted: Wed Jun 10, 2009 3:17 am    Post subject:

Hi JW

You have mentioned that your wife had signed a quitclaim deed during the closing. I guess, her name was removed from the property when she signed the deed. The property won't pass to your wife automatically after your death. She will have to file an affidavit of heirship and transfer the property in her name. Then she'll have to refinance the mortgage.

Thanks.

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Icon Mini Profile sunshineva




Joined: 15 Jun 2009

Posts: 61

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PostPosted: Mon Jun 15, 2009 11:28 am    Post subject: How does a quit claim work when I die?

Hello there,
If you'd like to add your wife back to the property deed, properly execute and file/record and Quit Claim Deed adding her back on the deed. The loan will still be in your name only, unless you jointly refinance.
Hope this helps.
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