Posted on: 20th Mar, 2007 10:50 am
My mother is the only living relative of her Cousin. Her cousin did not have a will but she was her care taker and beneficiary on her insurance policies. Is there a way for her to get the house in her name at this point ?
"Quit Claim After Death of the owner"
The owner has to quit claim her property before her death. The reason is that on the deed the owner is required to sign as the grantor (the person transferring her property).
The owner has to quit claim her property before her death. The reason is that on the deed the owner is required to sign as the grantor (the person transferring her property).
Melody, as your mother's cousin has not made a will, it is known as dying intestate.
Her property will now be divided by court as per laws of Intestate Succession for property division.
Her property will now be divided by court as per laws of Intestate Succession for property division.
Hi Melody,
Welcome to Mortgagefit forum.
As your mother's cousin did not make a will all her property will now be distributed as per laws of Intestate Succession. The laws vary from one state to another but mostly the distribution is made between spouse, children.
When none of them exists as for your mother's cousin, division is done among other family members. Your mother being the sole living relative of your cousin, most likely she will get ownership of her cousin's property.
Now probate court will appoint a personal representative (who is called administrator). His responsibility is to make payments to all creditors and after all the dues are paid off, distribute property as per state laws.
Colin
Welcome to Mortgagefit forum.
As your mother's cousin did not make a will all her property will now be distributed as per laws of Intestate Succession. The laws vary from one state to another but mostly the distribution is made between spouse, children.
When none of them exists as for your mother's cousin, division is done among other family members. Your mother being the sole living relative of your cousin, most likely she will get ownership of her cousin's property.
Now probate court will appoint a personal representative (who is called administrator). His responsibility is to make payments to all creditors and after all the dues are paid off, distribute property as per state laws.
Colin
Hi Melody,
Welcome to the forum.
If your mother is the beneficiary of her cousin's insurance policies, she has the legal right to take over the policies
I think there is no other way except to go by the court's division of property through intestate succession.
One cannot get a quit claim done if the grantor himself is not alive. He is the one who actually needed to sign on the deed and state that he was transferring property to your mother. But as it is not done prior to the death, so there's no question of doing a quit claim here.
You can refer to previous community discussion on Is quitclaim possible if deceased owner has no Will
Hope this helps..
God bless you.
Samantha
Hope you will get some more details there.
Welcome to the forum.
If your mother is the beneficiary of her cousin's insurance policies, she has the legal right to take over the policies
I think there is no other way except to go by the court's division of property through intestate succession.
One cannot get a quit claim done if the grantor himself is not alive. He is the one who actually needed to sign on the deed and state that he was transferring property to your mother. But as it is not done prior to the death, so there's no question of doing a quit claim here.
You can refer to previous community discussion on Is quitclaim possible if deceased owner has no Will
Hope this helps..
God bless you.
Samantha
Hope you will get some more details there.
