Posted on: 23rd Feb, 2010 06:53 am
My father has a hand written will leaving everything to my brother and I (his only children). My mother (who passed away in 1973) is still listed on the deed to his house. He wants to have my brother and I listed on the deed. Can we do a quit claim to handle this situation?
An attorney told me we don't need to take my mother's name off the deed as we can use her death certificate. When the time comes, will we end up in probate over this? What's the best way to handle this? We live in New York State.
An attorney told me we don't need to take my mother's name off the deed as we can use her death certificate. When the time comes, will we end up in probate over this? What's the best way to handle this? We live in New York State.
hi lynn!
welcome to forums!
as your mother is deceased, your father will have to file an affidavit of heirship and transfer the property in his name. then, he can sign a quit claim deed and add your names to the property. as the property is transferred to you and your brother through a quit claim deed, you won't have to probate the will after your father's death.
feel free to ask if you've further queries.
sussane
welcome to forums!
as your mother is deceased, your father will have to file an affidavit of heirship and transfer the property in his name. then, he can sign a quit claim deed and add your names to the property. as the property is transferred to you and your brother through a quit claim deed, you won't have to probate the will after your father's death.
feel free to ask if you've further queries.
sussane
Thanks for your feedback. Will I need to get an attorney to file the affidavit of heirship or the quit claim deed? Also, do you see a problem with my father having a handwritten will?
Welcome back Lynn,
Your father can contact the county recorder's office and they will help him in filing the affidavit of heirship. As far as the quit claim deed is concerned, you can contact an attorney and get it drafted. I don't think there would be any problem if your father has a will but consulting an attorney would be a better option in this regard.
Your father can contact the county recorder's office and they will help him in filing the affidavit of heirship. As far as the quit claim deed is concerned, you can contact an attorney and get it drafted. I don't think there would be any problem if your father has a will but consulting an attorney would be a better option in this regard.