Posted on: 17th Apr, 2007 01:17 pm
I recently found out that the house my father lived in his entire life is still in his grandmothers name. She passed away long ago, his mother passed away in the late 70's and he passed away in 2002. There is no will as far as I know. However, his mothers sister (My Great Aunt) is still living and she is 92 years old. My Great aunt has no children and is in good health. She keeps the taxes on the house paid up and has stated to me that IF it were possible she would want me to have the house. I myself have no brothers nor sisters and was wondering if a simple Quitclaim deed solve this problem? AND given this particular situation would the quitclaim be valid? I've also heard about filing Affidavit of Heirship..but I was wondering if the Quitclaim Deed was the best option in this situation.
hi,
a quit claim deed cannot be used in this situation as owner's signatures (as being the grantor) are required on the deed for transferring the title.
a quit claim deed cannot be used in this situation as owner's signatures (as being the grantor) are required on the deed for transferring the title.
Affidavit of heirship as in your situation is used when someone dies without making a will. It provides evidence of family history, and laws can be applied to conclude who legally will inherit the property.
"I myself have no brothers nor sisters and was wondering if a simple Quitclaim deed solve this problem? AND given this particular situation would the quitclaim be valid? I've also heard about filing Affidavit of Heirship..but I was wondering if the Quitclaim Deed was the best option in this situation."
Yes I too agree that a quit claim deed cannot be used to solve your problem. As the original owner of the house has long died, such a deed cannot be used. Her signatures would be required on the deed which is not possible any more.
Miller
Yes I too agree that a quit claim deed cannot be used to solve your problem. As the original owner of the house has long died, such a deed cannot be used. Her signatures would be required on the deed which is not possible any more.
Miller
Hi,
Welcome to Mortgagefit discussion board.
As your father's grandmother did not leave a will, filing Affidavit of Heirship will be the correct option to use.
An Affidavit of Heirship is made required to be made preferably by 2 disinterested persons who were acquainted with her & would have to provide information about the martial history, her children's names & ages and other estate related facts.
Such an affidavit is a sworn statement which is used to decide the transfer of property interest as per descent and distribution laws applicable in your state.
Do let me know if you have any other questions.
Thanks
Blue
Welcome to Mortgagefit discussion board.
As your father's grandmother did not leave a will, filing Affidavit of Heirship will be the correct option to use.
An Affidavit of Heirship is made required to be made preferably by 2 disinterested persons who were acquainted with her & would have to provide information about the martial history, her children's names & ages and other estate related facts.
Such an affidavit is a sworn statement which is used to decide the transfer of property interest as per descent and distribution laws applicable in your state.
Do let me know if you have any other questions.
Thanks
Blue
FreeYourMind,
I think you have made the same query at another thread. Just go through the dicussion, Quitclaim or Heirship Affidavit to know what others have to say.
I think you have made the same query at another thread. Just go through the dicussion, Quitclaim or Heirship Affidavit to know what others have to say.