Posted on: 15th Jan, 2014 02:53 pm
My mother-in-law recently died. She had no will. My husband had Power of Attorney on her. She recently inhereited her brother's house. The deed and property is in her name. Can my husband get a quick claim deed to get the house in his name? We lived with her and we are currently living in the house and don't wont anything to happen. Everyone in the family knew my mother in laws wishes was for the house to go to my husband upon her death.
Please spend a few dollars and consult a Real Estate Attorney or possibly a probate attorney - They will tell you the steps - I believe the laws to be different in every state -I have had to go through probate court for two different family members but each had a will and neither left behind much so I was able to use a simplified summary probate form/process. I went before a Judge he signed it and the homes were in my name after a little more paperwork. If you are a do it your self type Nolo books may offer something for your state? I was able to read up on the probate process and followed the directions in the books I read. It was stressful but I did it.
Good Luck - but I dont see you doing a quit claim after her death -His power of attorney was only for while she was alive (I believe thats how they work)
Brian
Good Luck - but I dont see you doing a quit claim after her death -His power of attorney was only for while she was alive (I believe thats how they work)
Brian
Hi knowles!
Welcome to the forums!
As the original owner of the property is deceased, the property cannot be quitclaimed and transferred in your husband's name. As Brian has suggested, you should get in touch with a real estate attorney and take his opinion in this regard. Most probably, you will have to file an affidavit of heirship at the county recorder's office in order to get the property transferred in your name.
Feel free to ask if you've further queries.
Sussane
Welcome to the forums!
As the original owner of the property is deceased, the property cannot be quitclaimed and transferred in your husband's name. As Brian has suggested, you should get in touch with a real estate attorney and take his opinion in this regard. Most probably, you will have to file an affidavit of heirship at the county recorder's office in order to get the property transferred in your name.
Feel free to ask if you've further queries.
Sussane
