Posted on: 21st Nov, 2007 07:49 am
I am the exexcutor of my father's estate who has passed away, the house was paid for, therefore, I purchased the house from my siblings withmy portion of the inheritance and my siblings signed off on the estate. Well, I would like to put the house in my children's name (3 of them) do I do this with a quitclaim deed ? Please note the deed is still in my father's name who passed two and a half years ago.
Hello Crissy,
Did your father's will name you along with your siblings as beneficiaries?
Your children cannot get their name on the deed replacing your father. If you are named to get the ownership, the deed has to be transferred in your name first and you should have legal documents to prove complete ownership after removing your siblings from the deed. Then you can put the house in your children's name with the help of a quit claim.
Did your father's will name you along with your siblings as beneficiaries?
Your children cannot get their name on the deed replacing your father. If you are named to get the ownership, the deed has to be transferred in your name first and you should have legal documents to prove complete ownership after removing your siblings from the deed. Then you can put the house in your children's name with the help of a quit claim.
hi crissy,
just want to add 1 point with jenkin. if there is no lien against the property then use warranty deed instead of quit claim deed.
just want to add 1 point with jenkin. if there is no lien against the property then use warranty deed instead of quit claim deed.
Hi Crissy,
Welcome to this forum.
I agree with Adonis. If the deed is lien free, you should use warranty deed. It will be helpful than quitclaim deed.
Thanks,
Larry
Welcome to this forum.
I agree with Adonis. If the deed is lien free, you should use warranty deed. It will be helpful than quitclaim deed.
Thanks,
Larry
I wanted to thank you all for your quick responses. Jenkin, the will did give my siblings and I ownership of the home, but since then they have signed off on the house and I have paid them in full for it. I want to go ahead and let my children have the ownership of it, as if they had paid the monies for it to my siblings.
Hi Crissy,
If the property is in your name and there is no interest of your siblings, you should not have any problem to transfer the property to your children. If there is no lien attached to the property, you should better use a warranty deed. There is an article regarding warranty deed and the features of warranty deed in this site. You can check it out- http://www.mortgagefit.com/warranty-deed.html
Feel free to ask if you have any further questions.
Thanks,
Larry
If the property is in your name and there is no interest of your siblings, you should not have any problem to transfer the property to your children. If there is no lien attached to the property, you should better use a warranty deed. There is an article regarding warranty deed and the features of warranty deed in this site. You can check it out- http://www.mortgagefit.com/warranty-deed.html
Feel free to ask if you have any further questions.
Thanks,
Larry
Just out of curiosity, does a deed have to be prepared by an attorney or can anyone do it as long as all parts are in there?
Hi,
It is always better to prepare the deed by an attorney to stay away from any further complications. You may have to pay the attorney fees but that will save you from any unexpected mishap that may occur in the future.
Thanks,
Larry
It is always better to prepare the deed by an attorney to stay away from any further complications. You may have to pay the attorney fees but that will save you from any unexpected mishap that may occur in the future.
Thanks,
Larry
Thank you Larry. I just saw where you could buy forms online andcurious to if it HAD to be prepared by an attorney.
Crissy, I am afraid you are going to have to go to court to get proper title to the property. You should consult with an estate planning attorney in your area.
The title is in the deceased's name. Since the deceased cannot execute a deed transferring title, it is impossible to transfer title using a deed.
What you need to do is go to court and get a court order putting title in the proper heirs' name. Procedures vary. In Texas, where I have seen this done, there is a simple procedure, but it should be done by an attorney.
The title is in the deceased's name. Since the deceased cannot execute a deed transferring title, it is impossible to transfer title using a deed.
What you need to do is go to court and get a court order putting title in the proper heirs' name. Procedures vary. In Texas, where I have seen this done, there is a simple procedure, but it should be done by an attorney.
