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.
i got my on a sales agreement, the person died, before she sign it over to me,my son and her are on the taxes and the agreement the house is paid for,her son is willing to sign it over to me can we do a quit claim for this.
Welcome Raymond,
You can use a quitclaim deed or better a warranty deed for this. The latter is mostly used it buying and selling transactions as it states that the person conveying interest in the property is the legal owner of it.
To know more on warranty deed, please refer to http://www.mortgagefit.com/warranty-deed.html .
You can use a quitclaim deed or better a warranty deed for this. The latter is mostly used it buying and selling transactions as it states that the person conveying interest in the property is the legal owner of it.
To know more on warranty deed, please refer to http://www.mortgagefit.com/warranty-deed.html .
Hi Raymond,
You can use a quitclaim deed to transfer the property in your name. But, as it is a sales agreement, I think a warranty deed will be better to do the transfer as it will give the guarantee of the legal owner to the property prior to transfer and will also warranty that the property is completely free of any lien.
You can use a quitclaim deed to transfer the property in your name. But, as it is a sales agreement, I think a warranty deed will be better to do the transfer as it will give the guarantee of the legal owner to the property prior to transfer and will also warranty that the property is completely free of any lien.
My mom is ill. we are in the process of selling her home. The realater suggested I get a quick claim deed so that if she was to die, it would not delay the sale of the house. Could you tell me what are the advantages and disavantages to me for doing this-and is there a better option . I am exec of her estate and p.o.a.
Quitclaim will get you on the title of the property but if you selling within the month POA should do the trick. You could check with a local title company for details.
I am executor of mothers estate, my grandparents left a will giving their home to two daughters, my mother was one of them. Her sister talked her into signing a quitclaim deed. she promised her 60 thousand dollars to sign off of which she never received any money. Title or deed to home has not been changed to sisters name, only shows she is the primary owner on the internet thru In. court. Do my brother any I have any rights to this property. My mothers signature was done before heart surgery in case she didnt make it, 1998. My Mom passed away in 2006, home has not been sold or lived in. Thank you........
Hello Sharon,
If the deed still has your mother as one of the owners, you can definitely claim your mother's share. You can do this by filing an affidavit of heirship.
If the deed still has your mother as one of the owners, you can definitely claim your mother's share. You can do this by filing an affidavit of heirship.
My Father give me , as his son his property absolutely in his Last Will and Testament. and I am also the Executor of the will.
How do I set up the quitclaim deed from the will into my name?
How do I set up the quitclaim deed from the will into my name?
Hi Joseph,
The title of the property will automatically transfer in your name after your father's death, since he already gives you the property through "Will and testament". But if you want to transfer the property right now, then your fathers need to quit claim the property in your name.
The title of the property will automatically transfer in your name after your father's death, since he already gives you the property through "Will and testament". But if you want to transfer the property right now, then your fathers need to quit claim the property in your name.
hi. i purchased a piece of property some years ago in a small county in illinois. at the time of purchase, i was in a relationship and had that person's name added to the title even tho i was the only one financially responsible for paying for it and maintaining it. the relationship ended (we were not married) and i kept the property and rented it out all these years. i have now decided to sell it and in trying to locate the co-owner of the property, i have discovered she is deceased. i have heard that a quit claim deed is what i need to clear the title of her name, but am not sure if that is all i need. can you advise?
Hello Robbie,
A quit claim deed cannot be used to remove a deceased person's name.
You have to get her death certificate recorded at the county office and they will remove her name from the deed.
A quit claim deed cannot be used to remove a deceased person's name.
You have to get her death certificate recorded at the county office and they will remove her name from the deed.
My mother recently died. In the will 'the executor' (me) will have full control of all assets-not specifically naming the house. How would I go about obtain the deed in my name?
I have no siblings.
I have no siblings.
Hello Sandi,
You may do an affidavit of heirship to get the deed in your name.
You may do an affidavit of heirship to get the deed in your name.
HI~
MY mom passed away 3 years ago suddenly on my birhday. There has been a long battle thru Probate for the Will and Property to be settled as per her Will ~ Everything equally divided 7 ways.
My sister lives on the said property and has wasted the ESTATE so to speak so nothing is left. Though we were always told that it had to be sold and divided equal once any debts were settled.
To convolute this further, our sister has hired her own attorney though we had one in place at our mother's death and has since settled all debts owed and given an added share to an older brother making the split 1/8 instead of 1/7.
In short, I would like to be rid of this situation since I am out of state and really am not interested in this fiasco and I would like to Quit Claim my deeded 1/8 share in property to one of my brothers whom my Sister (Executrix) has told would never receive a Twig a Stick or a picture and looks like she kept her word. He got nothing but the 1/8 Undivided share like the rest of us. I am the only 1 of 7 who Does not reside in the state.
Can I Quit Claim my portion to him being out of state since I have no interest in it really and have proven this all along?
Thank you for your consideration.
Regards
Kathleen
MY mom passed away 3 years ago suddenly on my birhday. There has been a long battle thru Probate for the Will and Property to be settled as per her Will ~ Everything equally divided 7 ways.
My sister lives on the said property and has wasted the ESTATE so to speak so nothing is left. Though we were always told that it had to be sold and divided equal once any debts were settled.
To convolute this further, our sister has hired her own attorney though we had one in place at our mother's death and has since settled all debts owed and given an added share to an older brother making the split 1/8 instead of 1/7.
In short, I would like to be rid of this situation since I am out of state and really am not interested in this fiasco and I would like to Quit Claim my deeded 1/8 share in property to one of my brothers whom my Sister (Executrix) has told would never receive a Twig a Stick or a picture and looks like she kept her word. He got nothing but the 1/8 Undivided share like the rest of us. I am the only 1 of 7 who Does not reside in the state.
Can I Quit Claim my portion to him being out of state since I have no interest in it really and have proven this all along?
Thank you for your consideration.
Regards
Kathleen
hi kathleen,
welcome in this forum.
if your name is on the title, you can quitclaim your share of interest to your brother but if your name is on the mortgage also, then the quitclaim will not remove your name from the mortgage. your brother, to whom you are transferring the property, should refinance or do a novation to remove your name from the mortgage.
thanks,
larry
welcome in this forum.
if your name is on the title, you can quitclaim your share of interest to your brother but if your name is on the mortgage also, then the quitclaim will not remove your name from the mortgage. your brother, to whom you are transferring the property, should refinance or do a novation to remove your name from the mortgage.
thanks,
larry