Posted on: 14th Mar, 2007 07:18 am
my moms owns the house we both live in .can i quick claim deed the house so that in the event of her death the house will be mine and no other sibling can take claim on the property.
Hi,
Welcome to Mortgagefit discussion forum.
If your mom agrees to give the house to you then it will be possible. It will be her decision and as such she will have to make out the quit claim to give ownership of the house to you. In the deed she will be named as the grantor (who is transferring her ownership) & you the grantee. Next step will be to get it notarized and recorded with the county recorder's office.
Let me also tell you that after the deed is made out ownership will get recorded in your name and your mom would have no rights left over the house.
Do let me know if you have any other questions.
Thanks
Blue
Welcome to Mortgagefit discussion forum.
If your mom agrees to give the house to you then it will be possible. It will be her decision and as such she will have to make out the quit claim to give ownership of the house to you. In the deed she will be named as the grantor (who is transferring her ownership) & you the grantee. Next step will be to get it notarized and recorded with the county recorder's office.
Let me also tell you that after the deed is made out ownership will get recorded in your name and your mom would have no rights left over the house.
Do let me know if you have any other questions.
Thanks
Blue
if a quit claim deed is used then the ownership rights will get transferred in your name right now. but if you want that you get the ownership after her death then you can ask her to make a will which will state that the house will be given to her son after her death.
if the will is made out in such a manner then other siblings will not be able to put a claim for ownership of the property.
you should also consult an attorney if your mom decides to make a will for transferring ownerhip of the house in your name.
miller
if the will is made out in such a manner then other siblings will not be able to put a claim for ownership of the property.
you should also consult an attorney if your mom decides to make a will for transferring ownerhip of the house in your name.
miller
Guest,
You need not quit claim the house. It is your mom (the grantor) who may transfer the house to you by signing on a quit claim deed. Depending upon your state laws, you also may have to sign as the grantee. But when such a deed is executed, there is a possibility that others can claim for their interest in the property.
The primary reason behind such a thing is that the quit claim deed does not state who the legal property owners are. It merely mentions that the property has been transferred.
It is preferable that your mom signs on a transfer on death deed so that you can get property title after her death. But for that your mom should designate you as the beneficiary on the deed.
You need not quit claim the house. It is your mom (the grantor) who may transfer the house to you by signing on a quit claim deed. Depending upon your state laws, you also may have to sign as the grantee. But when such a deed is executed, there is a possibility that others can claim for their interest in the property.
The primary reason behind such a thing is that the quit claim deed does not state who the legal property owners are. It merely mentions that the property has been transferred.
It is preferable that your mom signs on a transfer on death deed so that you can get property title after her death. But for that your mom should designate you as the beneficiary on the deed.
Guest, depending upon the state where the property is located, a transfer on death deed may not be allowed.
Arizona, Colorado, Kansas, Missouri, Nevada, New Mexico and Ohio are the states where such a deed is allowed.
If the property isn't located in any of the above states, your mom can create a living trust naming you as the beneficiary and successor trustee.
After your mom's death, you will be able to get ownership rights on the property. No probate needs to be carried out to transfer property from the trust to you individually.
Arizona, Colorado, Kansas, Missouri, Nevada, New Mexico and Ohio are the states where such a deed is allowed.
If the property isn't located in any of the above states, your mom can create a living trust naming you as the beneficiary and successor trustee.
After your mom's death, you will be able to get ownership rights on the property. No probate needs to be carried out to transfer property from the trust to you individually.