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quit claim and inherited property

Posted on: 09th Dec, 2009 07:31 pm
my wife's mother died and left, in her will, her property to her four children equally. ownership has not been legally changed from mom's name to the children's. my wife wants to execute a quit claim deed to transfer her interest in the property to one of her sisters. can she do that while the property is still in her mom's name or must she wait till the deed shows the four heirs as owners?
Hi alcrouch!

Welcome to forums!

As the property is still in the name of your wife's mother, she won't be able to quitclaim her interest in the property to her sister. It will still be considered as her mother's property. Once the property is transferred to the four heirs, then she can transfer her share of the property to someone else.

Feel free to ask if you've further queries.

Sussane
Posted on: 09th Dec, 2009 11:04 pm
Since your mom died, her heirs own the property, even though it is not reflected on title.. She could do the quitclaim now. You should probate the will to transfer actual title.
Posted on: 10th Dec, 2009 06:54 am
My Father-In -law died. We found a quitclaim deed that left the house to my husband and his sister. How dod we sell the house? Do we have to transfer the title to them and then to the buyer or can we just take it from my Father-In_laws name to the buyer?
Posted on: 14th Jan, 2011 09:11 am
Hi Cheryl,

Your husband and her sister will have to file an affidavit of heirship at the county recorder's office and remove your father-in-law's name from the deed. Once this is done, then your husband and his sister will be able to sell off the property.

Thanks
Posted on: 14th Jan, 2011 09:33 pm
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