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QuitClaim Deed of Deceased Mother

Posted on: 08th May, 2012 12:26 pm
My deceased mother left her house to my brother and I in her will. He doesn't want ownership of the house and will sign it over to me. I want to quitclaim deed the house in my name. My mother had a credit card which was tied to the house in her name only. Will I owe the balance on the credit card if I quitclaim the deed in my name?

Thank You,
Hi dcampbell,

The will needs to probated in order to get the property transferred in your name and your brother's name. Once the will is probated, then your brother can sign a quitclaim deed and transfer the property to you. This will make you the sole owner of the property.

As far as your mother's credit card balance is concerned, as it is tied up to the property, the credit card issuer can come after the property if he does not get the dues. You may have to pay off the credit card balance to save the property.

Thanks
Posted on: 08th May, 2012 07:45 pm
Hi dcampbell!

Welcome to forums!

I personally feel that you may not owe the balance on the card if it is not in your name but your property may be in danger as the card is tied to it.

Feel free to ask if you've further queries.

Sussane
Posted on: 09th May, 2012 08:51 pm
The property cannot be transferred by deed. The estate must be probated in order for title to the real property to pass to the child. You need to contact a probate attorney in your area.
Posted on: 09th May, 2012 11:43 pm
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