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Transfer deed after death – Is it possible to do so?

Posted on: 19th Nov, 2008 10:49 pm
hi! If my boyfriend gives his son a quit-claim deed to file after my boyfriend dies so that the home my boyfriend owns that we live in will be transferred to me, will that be sufficient for me to legally have ownership? I am not now named on the deed or mortgage. What if the son doesn't file the quit-claim deed? There is no mention of me in my boyfriend's will, nor is there mention of the property in question. It seems to me that my boyfriend has made me dependent upon the future whim of his son.
Hi desertbreeezes,

Welcome to the forums.

Just by giving a quitclaim deed to the son, your boyfriend cannot transfer you his property. When someone intends to transfer a share of interest in property or the entire property, he should be signing on the deed and not some other person. This is because he's the grantor here. The best thing that your boyfriend can do is to sign on a transfer on death deed or beneficiary deed and have both your name as well as the son's on it. By doing so, the son and you will be getting ownership rights after he passes away.

Thanks
Posted on: 19th Nov, 2008 11:02 pm
hey thanks; my duh, i'm still not sure about this. My boyfriend's intent is to pass ownership to me, not his son. My boyfriend says he'll sign a quit-claim deed giving the home to me, and give the quit-claim deed to his son for safe-keeping, for his son to file when my boyfriend dies, so that i'll have the deed/ownership. He thinks this will be legally tight so that I'll safely own the home (If it's not paid off, does the quit-claim to me gives me authority to re-finance the mortgage so it's in my name and I can continue payments?) Does it matter whether the son or I or my boyfriend file the already signed quit-claim deed? I greatly appreciate what he's trying to do but, I'm not sure it's an ironclad way for my boyfriend to ensure my actually owning the property. Has he said he'll give the signed quit-claim to his son to hold 'till his death, because if he gives it to me, I could file it and it would then be in effect and he doesn't want that 'risk'? In addition, he has an ex-wife who in their QDRO/divorce document is named 'surviving spouse'. Would an ex as 'surviving spouse' be able to lay a claim on the home my boyfriend wants to give to me for my old age security?
Posted on: 19th Nov, 2008 11:39 pm
Hi desertbreeezes,

Welcome back.

Generally when a person signs on a deed, it should be recorded/filed within a specific time period (which varies from state to state) in order to make it valid. It's not that you sign on the deed now and then file it when your boyfriend dies. That's not done. The deed would by that time be ineffective. I hope you understand.

It doesn't matter who files the deed, but it should be recorded at the right time. In most cases, the deed is filed by the grantor.

"Does the quit-claim to me gives me authority to re-finance the mortgage so it's in my name and I can continue payments?"
If you have the ownership rights on property, you can refinance the mortgage provided you satisfy the income and credit criteria as required by the lender. But in order to get the ownership rights, you'll have to get the deed notarized and recorded before you refinance.

Take Care
Posted on: 20th Nov, 2008 02:15 am
Yes, it does depend on the son to deliver the deed to you and make the transfer effective. If he keeps the deed, you will not get the property. The better way is for your boyfriend not to execute a deed, but a Will which "bequeaths" you the property.
Posted on: 20th Nov, 2008 06:54 am
i am a resident of nj and i was told at the time of my husband's death that if was not necessary for me to file a quit claim deed transfering our property to me alone. i now would like to do it. is there a special quit claim deed that i should use.
Posted on: 27th Jun, 2009 04:38 pm
Hi Frances!

Welcome to forums!

As your husband is deceased, you cannot use a quitclaim deed to transfer the property from his name to your name. You will have to file an affidavit of heirship and transfer the property in your name.

Feel free to ask if you have further queries.

Sussane
Posted on: 28th Jun, 2009 11:24 pm
my husband passed and my name was on the mortgage and not on the deed. i have paid off the mortgage and would like to put my name on the deed and take his off. what forms should i use
Posted on: 23rd Mar, 2010 06:05 am
Hi Maggienae!

Welcome to forums!

You will have to file an affidavit of heirship at the county recorder's office and get the property transferred in your name.

Sussane
Posted on: 23rd Mar, 2010 10:47 pm
My mom has been diagnosed with cancer and she wants things to go smoothly for me when she passes. My brother has down syndrome and she want no problems when she dies so she wants to quick claim the house to me.
But, I wonder would a beneficiary deed be better.
Posted on: 05th Nov, 2010 01:02 pm
Hi sandra,

A quitclaim deed is a good option to transfer property from one person to another. You and your mother can contact an attorney and he will be able to draft the deed for you.

Thanks
Posted on: 05th Nov, 2010 09:54 pm
i live in the state of kentucky, my husband and i have a lot with a house, he passed away and in our deed it states:"as joint tenants with remainder in fee simple to the survivor of them": now my question is what to do now to put this property in my name only? we have a 4 year old daughter and I am thinking of selling the property and moving closer to my parents. how do i legally sell this property with both of our names on the deed as it stands now?
Posted on: 05th Oct, 2012 10:48 am
Hi TMP,

You will have to go for an affidavit of heirship at the county recorder's office in order to get the property transferred in your name. Once the property is transferred in your name, then you will be able to sell off the property.

Thanks
Posted on: 06th Oct, 2012 01:15 am
My father recently passed away. He named on his last will and testament family he wanted his house to go to. Can a quick claim deed be filed after his death to avoid probate?
Posted on: 21st Nov, 2012 07:18 am
Hi Marilyn!

Welcome to forums!

After the death of your father, a quitclaim deed cannot be filed. The will needs to be probated in order to get the property transferred to the concerned family.

Feel free to ask if you've further queries.

Sussane
Posted on: 21st Nov, 2012 09:45 pm
My friend's house is located in Reseda, CA. Her common-law husband of 9 years passed away 3 months ago. Before passing he quit-claimed the house to his common-law wife. Now, the brother to the common-law husband is laying claim to the house. The brother lives in another state. Does the surviving brother have any legal right to the house that was quit claimed to the common law wife.
Posted on: 01st Dec, 2012 11:30 am
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