Posted on: 11th Mar, 2007 11:26 am
my parents want to do a quit claim in the event of both their death the house goes to me their daughter can that be added to the quit claim deed
Hi Guardian,
Welcome to the forums.
Your parents can sign on a quitclaim deed and transfer the property to you currently. If they do not prepare a separate Will, you will remain the owners of the property.
Thanks,
Jerry.
Welcome to the forums.
Your parents can sign on a quitclaim deed and transfer the property to you currently. If they do not prepare a separate Will, you will remain the owners of the property.
Thanks,
Jerry.
In a quit claim deed any clause cannot be specified like "in the event of the grantor of property the grantee will get ownership rights". If such a deed is used then property transfer gets completed when the deed is notarized and recorded.
If you do not want to gets ownership at present then you can ask your parents to make a will to state that property ownership should go to their daughter after their death.
Rebecca
If you do not want to gets ownership at present then you can ask your parents to make a will to state that property ownership should go to their daughter after their death.
Rebecca
Hi Guardianangle,
Your parents can sign a beneficiary deed over to you so that after their death the property will be transferred directly to you without even having to go through probate. You should record the deed as early as possible at the office of the County Recorder.
Refer to discussions on Inheriting property and How to get property without probate for more knowledge on this issue.
Thanks,
Sara
Your parents can sign a beneficiary deed over to you so that after their death the property will be transferred directly to you without even having to go through probate. You should record the deed as early as possible at the office of the County Recorder.
Refer to discussions on Inheriting property and How to get property without probate for more knowledge on this issue.
Thanks,
Sara
My mother is term. ill in the hospital. Her house is for sale. I got a quick claim deed in the event of her passing so that I could sell it. Her name is on it also. Is this the right thing to do, or does anyone have suggestions?
Hi Carla,
Welcome to the forums.
I can understood how you're feeling but please be ok. Such things do happen in life but we have to move on with time.
As for the sale, you may use a quitclaim deed to transfer the title from your mother to the new buyer but your mother has to sign it. Is she able to sign it? If yes, then there's no problem. Your mother can sign over the deed to the new buyer. But see that the new buyer records the deed and the entire transaction should take place in front of an attorney and the notary public.
One more thing, if the house is free of any lien or mortgage debt, then you may use a warranty deed instead of the quitclaim.
The warranty deed is mostly used in buying and selling transactions an it ensures that the person conveying the interest in property is the actual owner of it. But a quitclaim deed does not mention who the legal owners are.
Take Care
Welcome to the forums.
I can understood how you're feeling but please be ok. Such things do happen in life but we have to move on with time.
As for the sale, you may use a quitclaim deed to transfer the title from your mother to the new buyer but your mother has to sign it. Is she able to sign it? If yes, then there's no problem. Your mother can sign over the deed to the new buyer. But see that the new buyer records the deed and the entire transaction should take place in front of an attorney and the notary public.
One more thing, if the house is free of any lien or mortgage debt, then you may use a warranty deed instead of the quitclaim.
The warranty deed is mostly used in buying and selling transactions an it ensures that the person conveying the interest in property is the actual owner of it. But a quitclaim deed does not mention who the legal owners are.
Take Care
my father in law wants to sign the deed over to his daughter. he also has a first and second mortgage. if the deed is filed, would the banks most likely require refinancing in her name or would things be ok as long as all the payments are made on time.
thanks for your reply.
thanks for your reply.
Welcome to the forum.
I feel she should take over the mortgage on her name as she is the owner of the property now. Otherwise the lender can call due on sale and demand immediate payment of the balance of the mortgage.
BTW haven't your father-in-law informed the lender before signing the quitclaim deed.
Let me know if you have any further questions.
I feel she should take over the mortgage on her name as she is the owner of the property now. Otherwise the lender can call due on sale and demand immediate payment of the balance of the mortgage.
BTW haven't your father-in-law informed the lender before signing the quitclaim deed.
Let me know if you have any further questions.