Posted on: 19th Apr, 2007 02:49 pm
hello i live in california and my question is as follows:
my mother passed away and left no will or power of attorney.
my siblings and myself were granted her estate through probate which included her house.
the title company is requesting a quit claim deed since my father is on the title.
my father gave the house to my mother when they divorced.
my question is if there is any other way of getting a quit claim deed without having my father sign it, since he no longer lives in this country.
my mother passed away and left no will or power of attorney.
my siblings and myself were granted her estate through probate which included her house.
the title company is requesting a quit claim deed since my father is on the title.
my father gave the house to my mother when they divorced.
my question is if there is any other way of getting a quit claim deed without having my father sign it, since he no longer lives in this country.
Your father gave the house to your mother but did not make any deed to complete the title transfer. And because of it his name still appears on the title.
You will need to get his signatures on the deed, as a quit claim deed cannot be made without having the signatures of the grantor.
Miller
You will need to get his signatures on the deed, as a quit claim deed cannot be made without having the signatures of the grantor.
Miller
"My question is if there is any other way of getting a quit claim deed without having my father sign it, since he no longer lives in this country."
I will say what Miller has said, your father's signatures are necessary on quit claim deed otherwise it cannot be notarized or recorded with the county office.
I will say what Miller has said, your father's signatures are necessary on quit claim deed otherwise it cannot be notarized or recorded with the county office.
Welcome guest,
I have heard that a probate is usually done on Will. But you do not have a Will as you said.
The title company is requesting a quitclaim deed from your father as his name is still on the title. This means that once you were granted estate, you did not change the names on the title. But now, if you need to do that your father's signature will be required.
I think you should contact him and explain him the situation. And, then send him a copy of the deed and request him for the signatures. He should not disagree because he does not own the property anyway.
I have heard that a probate is usually done on Will. But you do not have a Will as you said.
The title company is requesting a quitclaim deed from your father as his name is still on the title. This means that once you were granted estate, you did not change the names on the title. But now, if you need to do that your father's signature will be required.
I think you should contact him and explain him the situation. And, then send him a copy of the deed and request him for the signatures. He should not disagree because he does not own the property anyway.
Hi Adonis,
Probate is done on estate irrespective of whether there is a Will or not.
I think if the title company is not convinced that there hasn't been any estate transfer, one should get a copy of the probate record from the probate court and show it to the title company. Still if they need a change in title, then one needs to get the grantor sign on a quitclaim deed.
Thanks
Probate is done on estate irrespective of whether there is a Will or not.
I think if the title company is not convinced that there hasn't been any estate transfer, one should get a copy of the probate record from the probate court and show it to the title company. Still if they need a change in title, then one needs to get the grantor sign on a quitclaim deed.
Thanks