Posted on: 17th Aug, 2007 08:39 am
my mother was a third owner of a summer home along with her brother and sister who are still alive. my mother passed away without a will and my brother, sister and i would like our names added to the deed. how do we go about this? can you use a quit claim deed? thanks for your help.
donna
donna
only owners of the home (your mother's brother and sister) can add more people on the title and there is an issue with adding 3 more people to where depending on the vesting they currently each own 1/3 of the house and if they add 3 more people they will own 1/6 th of the house and your mother's 1/6 will still be up for grabs by her successors
The best way to do this would be to allow your relatives to buyout the last 1/3rd from you and give you guys the money or if you want to own the home together then figure out how it would be owned and take your agreement to a lawyer.
If there is an issue with comming to an agreement you might have to go to court.
if your relatives dont have a problem with any of these adding you on a title can be done with quitclaim deed easily. If the property is paid of its no problem at all.
The best way to do this would be to allow your relatives to buyout the last 1/3rd from you and give you guys the money or if you want to own the home together then figure out how it would be owned and take your agreement to a lawyer.
If there is an issue with comming to an agreement you might have to go to court.
if your relatives dont have a problem with any of these adding you on a title can be done with quitclaim deed easily. If the property is paid of its no problem at all.
Hi Donna,
Welcome to Mortgagefit discussion board.
Sorry to hear about your mother's death.
As she died without making a will, her share of ownership in the home will be distributed among her heirs as per laws of intestate succession applicable in your state because she had not made a will.
Now your mother's brother & sister and the new owner(s) decided as per laws of intestate succession can include you and your siblings to the title if they wish to. And for this purpose they can use a quit claim deed.
Do let me know if you have any other questions.
Thanks
Blue
Welcome to Mortgagefit discussion board.
Sorry to hear about your mother's death.
As she died without making a will, her share of ownership in the home will be distributed among her heirs as per laws of intestate succession applicable in your state because she had not made a will.
Now your mother's brother & sister and the new owner(s) decided as per laws of intestate succession can include you and your siblings to the title if they wish to. And for this purpose they can use a quit claim deed.
Do let me know if you have any other questions.
Thanks
Blue
Hi Donna,
As your mother has died without leaving a Will, her share of the property will be divided according to the State laws of Intestacy. In that case, the court will decide upon the person who will be responsible for taking up her share of property rights. The Intestate law also depends on the marital status of the dead person.
If the dead person was married with children, then half of her property share will go to the surviving spouse. Now on the absence of the surviving spouse, that means your father, the property will uniformly be divided among the children.
In this way, you can acquire the property share of your dead mother. And you don't need to add yourself to the deed.
As your mother has died without leaving a Will, her share of the property will be divided according to the State laws of Intestacy. In that case, the court will decide upon the person who will be responsible for taking up her share of property rights. The Intestate law also depends on the marital status of the dead person.
If the dead person was married with children, then half of her property share will go to the surviving spouse. Now on the absence of the surviving spouse, that means your father, the property will uniformly be divided among the children.
In this way, you can acquire the property share of your dead mother. And you don't need to add yourself to the deed.
How would I complete the Quit Claim Deed to add my brother , sister and myself without transferring the title out of the reamining 2 Grantor's names? Thanks.
Donna
Donna
The two grantors can add you to the share they own. Using a quit claim deed they can do it. This process will not result in removal of their names from title.