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land with 3 owners

Posted on: 18th Aug, 2010 09:28 am
My husband, brother and sister were left land by their mother. Each has 1/3 share and all are listed on the deed.
My sister in-law 1st marriage name is still on the deed and was remarried, but her new name was never changed. She passed away this last spring with no will. We have copies of her first marriage, divorce and her 2nd marriage and death certificate. There is no mortgage or liens on the property.
We were told by a lawyer that we had to go thur probate which will take 6 monthes and cost around $900 and could not use a quit claim. The land is in South Dakota.
Is there a way to do this quick, easy and legal?
Thank you for any help.
hi evotrou!

welcome to forums!

as your sister-in-law is deceased, it is true that you won't be able to use a quit claim deed to transfer her share of the property in your names. as there is no will, your husband and his brother can file an affidavit of heirship at the county recorder's office and try to get the property transferred in their names.

feel free to ask if you've further queries.

sussane
Posted on: 18th Aug, 2010 11:10 pm
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