Posted on: 06th Oct, 2009 02:18 pm
hi!! i have a million and one questions so if anyone can help me it will be greatly appreciated.my fiances mother recently passed.he now stays in the house where she lived to take care of his 80 year old grandmother. now here goes the question.....his mother and grandmothers name is on the house.his grandmother wants to leave him the house but the house isnt paid for.he wants the house and wants to have his name on the house so should he just have her make out a will or do a quit claim deed.
hi radian,
your fiance can get a quitclaim deed signed by his grandmother. this will transfer the property to him. once the deed is notarized and recorded with the county recorder's office, his name will appear on the title to the property. since there is a mortgage on the property, he will have to refinance the loan and take over the responsibility of the debt. this is the easiest possible option. if the property is left to him through a will, the property will have to be probated after the death of his grandmother. the process of probate could be expensive and tedious.
your fiance can get a quitclaim deed signed by his grandmother. this will transfer the property to him. once the deed is notarized and recorded with the county recorder's office, his name will appear on the title to the property. since there is a mortgage on the property, he will have to refinance the loan and take over the responsibility of the debt. this is the easiest possible option. if the property is left to him through a will, the property will have to be probated after the death of his grandmother. the process of probate could be expensive and tedious.
Ok thanks very much! I have another question. What if the house still holds his deceased mothers name on it. How does he go about getting it removed?
Just go to the local county office and they shoudl be able to help
you need to submit death certificate & affidevit of heirship in local clerk office to remove name of his mother from property
To Guest,
If your mother's name is still on the property title, you can file her death certificate with the county clerk's office and have her name removed from the title. In case you want to remove her name and add your own on the title at the same time, you can file an affidavit of heirship with the probate court and claim your interest in the property.
If your mother's name is still on the property title, you can file her death certificate with the county clerk's office and have her name removed from the title. In case you want to remove her name and add your own on the title at the same time, you can file an affidavit of heirship with the probate court and claim your interest in the property.