Posted on: 02nd Aug, 2007 05:28 pm
my father recently passed away. the house deed is under both mother and father's names. my mother wants to add her three children's names to the house deed to ensure family ownership. is the quit claim deed the best way to do this? does my father's name have to be removed? is the form supposed to be prepared by someone else, or can i do this? we bought the form already. someone told us a will might be better. we would appreciate your help.
Hi Patricia,
Welcome to Mortgagefit discussion board.
I am very sorry to hear about your father's death. May God give you the strength to recover from the loss you have suffered.
Please tell me if your father made a will to distribute the property he owns. If he did make a will then it will have to be probated and after that whoever is named as beneficiary will receive ownership.
If he has not made a will but your father and mother owned the house as joint tenants then after father's death your mother has gained full ownership and make a deed to include children’s on the title.
Do let me know if you have any other questions.
Thanks
Blue
Welcome to Mortgagefit discussion board.
I am very sorry to hear about your father's death. May God give you the strength to recover from the loss you have suffered.
Please tell me if your father made a will to distribute the property he owns. If he did make a will then it will have to be probated and after that whoever is named as beneficiary will receive ownership.
If he has not made a will but your father and mother owned the house as joint tenants then after father's death your mother has gained full ownership and make a deed to include children’s on the title.
Do let me know if you have any other questions.
Thanks
Blue
Hi Patricia,
Your mother and father both were in the deed. Now, after the death of your father she will have to file an affidavit of heirship for complete ownership of the property and thus remove his name from the deed.
And for adding her three children to the deed, you can use a quitclaim deed. In this case, the children would be added as co-owner to the deed besides your mother.
In absence of a will, your mother can also hold a joint ownership to include her children to the deed and also can avoid the probate procedure. By holding joint tenancy, you all will have equal rights in the property.
Your mother and father both were in the deed. Now, after the death of your father she will have to file an affidavit of heirship for complete ownership of the property and thus remove his name from the deed.
And for adding her three children to the deed, you can use a quitclaim deed. In this case, the children would be added as co-owner to the deed besides your mother.
In absence of a will, your mother can also hold a joint ownership to include her children to the deed and also can avoid the probate procedure. By holding joint tenancy, you all will have equal rights in the property.
if the childrens names are on the deed, What if i have to go to a nursing home and have no money to pay, can the state take the home for payment with the children on the deed?
Hi nigal,
If your childrens' names are on the deed and yours is not, I don't think the state can take the home for payments. But, if you don't have a property in your name will the nursing home be ready to offer you medical facility? I don't think so because when you have no money to pay and no property in your name, how would the nursing home recover the money that they'll be spending on your medical care?
If your childrens' names are on the deed and yours is not, I don't think the state can take the home for payments. But, if you don't have a property in your name will the nursing home be ready to offer you medical facility? I don't think so because when you have no money to pay and no property in your name, how would the nursing home recover the money that they'll be spending on your medical care?
My mother wants to add me as a benificiary to her deed is that possible?
Hi Carol!
Welcome to forums!
It is possible to add your name as the beneficiary of her property. You need to contact a real estate attorney who would help your mother in drafting a deed and adding your name.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
It is possible to add your name as the beneficiary of her property. You need to contact a real estate attorney who would help your mother in drafting a deed and adding your name.
Feel free to ask if you've further queries.
Sussane