Posted on: 05th Dec, 2007 08:57 pm
my husband recently passed away. he signed a quit claim deed to his children before we were married. do i have any rights to the property?
Hello,
If the ownership rights are already transferred to his children, then you do not have any right to the property.
If the ownership rights are already transferred to his children, then you do not have any right to the property.
Hi,
Sorry to hear that. I agree with Jenkin. You can claim your right on properties that were owned by your husband but as the ownership was transfer before your marriage, you cannot claim any right on that particular property.
Thanks,
Larry
Sorry to hear that. I agree with Jenkin. You can claim your right on properties that were owned by your husband but as the ownership was transfer before your marriage, you cannot claim any right on that particular property.
Thanks,
Larry
State laws vary. Generally, a deed must be delivered to be effective. So, if you husband signed the deed and put it in a drawer, it is not effective. Check with a local real estate attorney.
Was your husband still on title when he added his children to the title? Or did he completely sign over the property to them? If he was not on title at the time of his death then you are probably not entited to the property.
I just wanted to add that you may want to contest this through probate court if this was transfered while you were married and you did not sign anything.