Posted on: 10th Jan, 2007 06:19 pm
my dad passed away and was the only name on title of real estate. older bro. wants all bros. to sign quit claim deed and says he will pay bros. equal amounts to sign over property so he can sell it. what do you think?
DOES ANYONE HAVE ANY INFO ON THIS MATTER FOR HIM?
Hi JT and Annie,
Welcome to the forums.
JT, if your dad's name is on the title and the property has not been transferred to the brothers legally, they cannot quit claim their shares of interests to the elder brother. I mean legally it is not correct.
If your father has made a Will, the property will be divided through probate proceedings as stated on the Will. Otherwise, the court will distribute the estate as per the law of Intestate Succession.
You may refer to the community discussion on Is quit claim possible if deceased owner has left no Will? for more knowledge on this issue.
Thanks,
Sara
Welcome to the forums.
JT, if your dad's name is on the title and the property has not been transferred to the brothers legally, they cannot quit claim their shares of interests to the elder brother. I mean legally it is not correct.
If your father has made a Will, the property will be divided through probate proceedings as stated on the Will. Otherwise, the court will distribute the estate as per the law of Intestate Succession.
You may refer to the community discussion on Is quit claim possible if deceased owner has left no Will? for more knowledge on this issue.
Thanks,
Sara
Contact your dad's attorney, and show him the Will, if any. He will be able to tell you how your dad has divided the property and related legal matters to make the Will effective.