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Why would a wife of deceased husband do a quit claim deed to herself?

Why would a wife of deceased husband do a quit claim deed to herself?

Their home WAS in a Family Trust. (Both had children from previous marriages). The husband died and a month later the wife did a quit claim deed to herself. The wording states, "This conveyance is to a Revocable Living Trust created by the Releasor..." The deed previously refers to wife as the Releasor.
This was done 9/2011.

In what case would you quit claim deed a home that your name is already on - to yourself? Is that common when a spouse dies? The home was in a Family Trust and as soon as her husband dies, the widow transfers home to her name.

The wife died a month ago. Her eldest daughter (from her previous marriage) is claiming she has rights to the home. As well, there has been no revealing of the Family Trust. If the Family Trust stated their combined wishes, is it legal for the widow to remove items from the family trust into her own trust and (possibly) change to her private wishes? ...possibly naming HER daughter as sole heir to their home?


bosephany1's picture
bosephany1
19-04-2013

2 Answers
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1
On the event of a spouse's death, the other spouse needs to file an affidavit of heirship and get the property transferred in his/her name solely. A quitclaim deed won't suffice in this case. It is strange that she went for a quitclaim deed.

adonis | Asked on 2013-04-21


1
It would have been better if she would have contacted a real estate attorney and took his opinion regarding the whole matter.

sara | Asked on 2013-04-22

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