Posted on: 28th Oct, 2012 01:51 pm
my mother's property is registered with the county on a quit claim deed naming her, one of my sisters and myself as joint owners with rights of survivorship. my mother is now deceased and my sister who is named in the deed wishes to give up her ownership. my question is when my sister quit claims to me do i need to also list my deceased mother as quit claiming as well? i have the new deed prepared except for my mom's information. any assist on this would be greatly appreciated. thank you.
your sister will have to fill up a quit claim deed form and transfer the property to you.
Hi lynnd!
Welcome to forums!
Well, as there is a joint ownership with rights of survivorship on that property, you and your sister will become the sole property owners instantly after your mother is deceased. You cannot mention a deceased person from the property deed using a quitclaim deed. As far as formally removing your mother's name from the property deed, you may have to go for an affidavit of heirship. If your sister wants to remove her name from the property and if the property is free and clear, then she can use a warranty deed for the same.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Well, as there is a joint ownership with rights of survivorship on that property, you and your sister will become the sole property owners instantly after your mother is deceased. You cannot mention a deceased person from the property deed using a quitclaim deed. As far as formally removing your mother's name from the property deed, you may have to go for an affidavit of heirship. If your sister wants to remove her name from the property and if the property is free and clear, then she can use a warranty deed for the same.
Feel free to ask if you've further queries.
Sussane