Posted on: 03rd Dec, 2008 06:57 pm
my husbnd passed away in july. i would like to remove his name from our deed and add our daughter's name - retaining two names on the deed. is a quit claim deed the way to go? will this protect her from probate?
Hi Kitty,
I think you should first file an affidavit of heirship in the county recorder's office and transfer your husband's portion of the property in your name. Then you can use a quitclaim deed to add your daughter to the deed. To protect her from probate you can go for joint tenancy with right to survivorship.
Thanks
I think you should first file an affidavit of heirship in the county recorder's office and transfer your husband's portion of the property in your name. Then you can use a quitclaim deed to add your daughter to the deed. To protect her from probate you can go for joint tenancy with right to survivorship.
Thanks
Hi Kitty
If you want your daughter to avoid the probate, then joint tenancy with right to ownership is the right thing to do (I agree with James Hogg). You can do this with the help of quitclaim deed. Sample quitclaim deed forms are available online. Check them out in the given link:
http://www.mortgagefit.com/predeal/quitclaim-stateforms.html
Thanks.
If you want your daughter to avoid the probate, then joint tenancy with right to ownership is the right thing to do (I agree with James Hogg). You can do this with the help of quitclaim deed. Sample quitclaim deed forms are available online. Check them out in the given link:
http://www.mortgagefit.com/predeal/quitclaim-stateforms.html
Thanks.