Posted on: 22nd May, 2013 04:08 pm
My mother left 50% of her interest to my brother and I in her last will & testament. My brother wants to give me his interest in the property before we try to change the title. My sister owns the other half. We were told we would have to go to probate since her estate was under $150,000. Can he give me a quitclaim to his portion?
Hi Lorraine!
Welcome to the forums!
Your brother may quitclaim deed his share of the property to you after the probate is complete.
Feel free to ask if you've further queries.
Sussane
Welcome to the forums!
Your brother may quitclaim deed his share of the property to you after the probate is complete.
Feel free to ask if you've further queries.
Sussane
Welcome Lorraine,
Get in touch with a real estate attorney and he will help you know what actions you need to take so that the probate is compete and you get your brother's share of the property.
Get in touch with a real estate attorney and he will help you know what actions you need to take so that the probate is compete and you get your brother's share of the property.
A quitclaim deed only transfers the property interest held by the Grantee. Since your brother has not inherited the property yet, he has no property interest to transfer. The quitclaim deed would then be worthless. Consult with a probate attorney who can work out all these issues for you.
