Posted on: 06th Jun, 2007 08:40 am
my mother in law is coherent, yet critically ill in a hospital in utah. she owns a home that is in her name and the name of her deceased husband. can her son have her sign a joint tenancy quit claim deed and have it notarized, then recorded with the county clerk so the home will not got into probate? does this mean that upon her death he can sell the home if necessary without it going to probate.
thanks,
tami
thanks,
tami
Hi Tami,
If your mother in law is capable of taking legal decision then she can sign a quit claim deed so that her son can get ownership after her death.
If your mother in law is capable of taking legal decision then she can sign a quit claim deed so that her son can get ownership after her death.
Hi Tami,
Welcome to Mortgagefit discussion board.
Sorry to hear about your mother in laws condition. I hope she recovers soon.
If your mother in law is able to sign the quit claim deed in her legal capacity as owner of the house then her son will be able to get co-ownership along with her mother.
But your mother in law does not have full ownership of the house. You mentioned that home is in her name along with her deceased husband. Whom did her husband transfer his share to? and how your mother in law and her husband held ownership? was it joint tenancy?
Thanks
Blue
Welcome to Mortgagefit discussion board.
Sorry to hear about your mother in laws condition. I hope she recovers soon.
If your mother in law is able to sign the quit claim deed in her legal capacity as owner of the house then her son will be able to get co-ownership along with her mother.
But your mother in law does not have full ownership of the house. You mentioned that home is in her name along with her deceased husband. Whom did her husband transfer his share to? and how your mother in law and her husband held ownership? was it joint tenancy?
Thanks
Blue
After her son gets full ownership of the home, selling it will not be a problem and probate procedure will also be avoided as title will be held as joint tenants. As in joint tenancy the surviving owner gets full ownership after death of other joint tenants and probate is also not required.
But Tami, your mother-in-law does not have full ownership at this moment and will only be able to include her son to the share of ownership she holds.
Miller
But Tami, your mother-in-law does not have full ownership at this moment and will only be able to include her son to the share of ownership she holds.
Miller
Hi Tami,
If your mother-in-law is coherent and capable of logical thinking inspite of being ill, then she can sign on the deed and her signature will be a valid one. But in order to ensure its validity, the deed should be recorded at the County Recorder's office.
However, once your mother-in-law signs on the deed, you will be the owner of her share of interest in property. But in order to own the entire property, you will have to remove your deceased father-in-law's name from the title and you can do that by filing an affidavit of heirship. Just refer to a previous discussion on Affidavit of Heriship for further reference.
Take Care
If your mother-in-law is coherent and capable of logical thinking inspite of being ill, then she can sign on the deed and her signature will be a valid one. But in order to ensure its validity, the deed should be recorded at the County Recorder's office.
However, once your mother-in-law signs on the deed, you will be the owner of her share of interest in property. But in order to own the entire property, you will have to remove your deceased father-in-law's name from the title and you can do that by filing an affidavit of heirship. Just refer to a previous discussion on Affidavit of Heriship for further reference.
Take Care