Posted on: 12th Apr, 2009 04:28 pm
Hello,
In my mothers will I was left a vacation house out of state. However, due to unfortunate timing, the house was left out of the trust, leaving it open to probate. My brothers and I all respect the will and have no problems with me having the house. My brother is power of attorney over her estate and suggested a quitclaim to place me on the title. Will this work to avoid probate and be valid even after parent's death? I would hate to have to go to court and hire a lawyer to tell us what we already know, waste of time and money. We also thought of using the 2 year bar to continue to make payments on the home and then after 2 years refi or take out new mortgage in my name for balance of home price (i make the payments for the 2 years). We aren't sure of the best option in this situation, we are all amicable and are just trying to figure a good way to avoid going to court for 1 piece of property. Any info would be great
In my mothers will I was left a vacation house out of state. However, due to unfortunate timing, the house was left out of the trust, leaving it open to probate. My brothers and I all respect the will and have no problems with me having the house. My brother is power of attorney over her estate and suggested a quitclaim to place me on the title. Will this work to avoid probate and be valid even after parent's death? I would hate to have to go to court and hire a lawyer to tell us what we already know, waste of time and money. We also thought of using the 2 year bar to continue to make payments on the home and then after 2 years refi or take out new mortgage in my name for balance of home price (i make the payments for the 2 years). We aren't sure of the best option in this situation, we are all amicable and are just trying to figure a good way to avoid going to court for 1 piece of property. Any info would be great
Hi hellokitty!
Welcome to forums!
Once the granter's death has been officially recorded, the Power of Attorney is considered to be "null and void." Thus, your brother will not be able to quitclaim the property to you with the help of a quitclaim deed. The property will be probated and then it will be transferred in your name.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
Once the granter's death has been officially recorded, the Power of Attorney is considered to be "null and void." Thus, your brother will not be able to quitclaim the property to you with the help of a quitclaim deed. The property will be probated and then it will be transferred in your name.
Feel free to ask if you have further queries.
Sussane