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Owner deceased: is quit claim deed possible?

Posted on: 21st Dec, 2005 10:26 am
My aunt passed away leaving a will. She owned a house that was paid for. Her name is the only name on the deed. The will states the property is to be sold and the proceeds will be split between her neighbors and myself. We are both named in the will. They do not want the house to be sold. They want it for their daughter and for a quit claim to be done. I want the house sold. Will they be able to just get house like that? Because the owner is deceased, can a quit claim be done? THank you.
"My mother-in-law died 4 years ago with no will just a small house. We haven't been able to sell it for a reasonable price. We owe a friend a debt for helping us in our business. Can we quit claim the property to him to clear the debt, and if so what all do I need to do?
Thanks,
Mary"

Hi Mary,

Are you aware of the current market value of your house? Is it more than or near about the same as the amount of debt you owe to your friend?

Well if it is same as the amount of debt then you can use a quit claim deed to transfer ownership over in friend's name. On the deed you will be named as the grantor (who owns the house presently is known as the grantor) and your friend will be named as the grantee (person receiving ownership).

After the deed is notarized and recorded with the county recorder's office, friend will become the new owner of the house. But you should also take a written confirmation from your friend that the debt has been paid in full by you.

Get a quit claim deed form which can be used in your state and complete it with the help of an attorney and then have it notarized, recorded. Also get your friend to sign on written confirmation document developed by your attorney which states that the debt has been repaid in full.

Miller
Posted on: 09th Aug, 2007 04:34 pm
My husband was sent a quit claim deed to transfer property he has a small percentage in, the deeed reads for the sum of 10 dillars but he is entitled to 1/36 interest in the property..if he signs the deed, will he only recieve 10 dollars or the 1/36 interest as stated in the deed?
Posted on: 26th Aug, 2007 03:55 pm
Hi Betty,

Welcome to the forum.

If the sum of 10 dollars is mentioned on the quitcliam deed, it means that your husband will be transferring the property in return of 10 dollars. Even if he is entitled to 1/36 interest in the property, he will only be getting 10 dollars as stated in the deed.
Posted on: 27th Aug, 2007 12:56 am
Larry,
Thanks for your reply.
As I suspected you gave me the correct answer.
Betty
Posted on: 27th Aug, 2007 05:23 am
Hi Betty,

It's my pleasure to help you. If you have any further qery, please feel free to ask.
Posted on: 27th Aug, 2007 10:45 pm
my brother passed away. I understand that he did a quit claim and added his spouse. she know needs copy of deed. to give to insurance. however, the clerks office stated that she will get copy but that she is not the legal owner?
Posted on: 29th Aug, 2007 10:16 am
hi esther,

welcome to mortgagefit discussion board.

i am really sorry to hear about the passing away of your brother.

if he had made a quit claim deed to add his spouse then i don't understand why they are saying that she is not the legal owner. was the deed recorded properly?

thanks
blue
Posted on: 29th Aug, 2007 12:33 pm
Hi Esthar,

I agree with Blue. The deed must not have been properly recorded. Otherwise, the clerks would not have said such words. In that case, she needs to go to the County Recorder's office where a deed is recorded. The County Recorder will review the deed properly and will get it recorded. After the recording, the deed will become valid.
Posted on: 30th Aug, 2007 12:36 am
three years ago my mother, sister and I purchased a house with all three names on all the papter as joint tenent with right to survivorship. except for the mortgage was in mly mothers name only. She is now deceased and we want to get our names onto the mortgage. On the warrenty deed it has all three names. And the mortgage company said we would have to get her name off the deed first. We spoke to a gentleman at the goverment center and he said we would have to get a quit claims deed..
How is that possible with her gone??and is it nessecary?? Can you help us to make this change as smooth and easy as possible
Posted on: 07th Sep, 2007 07:46 am
As title was held as JTWROS, after your mother's death, all of you have become owners of the house.

What you need to do is file a new deed with mother's death certificate with the county recorder's office to make the change in the deed.
Posted on: 07th Sep, 2007 07:36 pm
hi truddy,

as your mother is no more, the deed will first require her name to be removed from it. you will have to file an affidavit of heirship to remove her name from the deed. then to take over her payments towards the loan, the lender may ask you to refinance by taking a new loan in your name.
Posted on: 10th Sep, 2007 01:57 am
My mother recently passed away and originally left 5 timeshares to all three children. Since then my brothers have through our attorney relinquished their rights to the timeshares and given them to me, I need to have the titles changed. Two of the timeshares are in Florida. Can you advise me of what I need to do with the least expensive method. Thank you.
Posted on: 11th Sep, 2007 02:18 pm
Hi Sue,

Welcome to the forum.

To change the title of the timeshares, you can use a quitclaim deed. In the deed, your brothers will sign as grantors and you will be the grantee. By signing over the deed, they will be giving up their ownership rights to the property. After this, you will have to get the deed recorded at the county recorder's office. The cost of transferring the title by a quitclaim deed varies from state to state. You will have to check out what is the cost in your state.
Posted on: 11th Sep, 2007 08:18 pm
Posted on: 24th Sep, 2007 02:23 pm
Hi TK,

If your mother wishes, she can quitclaim the house to you before she goes to nursing home. This will prevent the nursing home from placing a lien on the house provided she fails to repay their bills. But even if she quitclaim the house to you, they can place a lien on her other personal assets to recover the nursing home bills and in that case, she will have to repay them.
Posted on: 24th Sep, 2007 11:46 pm
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