Posted on: 31st Jul, 2008 11:46 am
Hello,
If a parent has a quitclaim deed that has been notarized by him/her that says “with love and affection I bequeath this property to my said named childrenâ€. When the parent passes away, do the children bring down this deed to have it recorded, or should it have been recorded when the parent signed it? Will the property be passed on to the children? Do the said children need to have already signed the deed or not also? If the parent does not have a trust or will set up will the property go thru probate?
If a parent has a quitclaim deed that has been notarized by him/her that says “with love and affection I bequeath this property to my said named childrenâ€. When the parent passes away, do the children bring down this deed to have it recorded, or should it have been recorded when the parent signed it? Will the property be passed on to the children? Do the said children need to have already signed the deed or not also? If the parent does not have a trust or will set up will the property go thru probate?
Hello-
The children don't need to sign. Ideally, it should be filed once it's signed in case there is a statute of limitations in your area. So, I'm not sure on that. I think you should consult with an attorney regarding the details of your situation and your state's property probate laws. Good luck.
The children don't need to sign. Ideally, it should be filed once it's signed in case there is a statute of limitations in your area. So, I'm not sure on that. I think you should consult with an attorney regarding the details of your situation and your state's property probate laws. Good luck.
Once the deed is signed, notarized and delivered to the grantee, the property interest passes to the grantee. Therefore, the subsequent death of the grantor (parents) has no effect.
My grandmother passed away and my father was quitclaimed to the title tears before her passing. She has a loan n the home does he assume that loan ? Can the bank step in and remove family living in the home if the payment is being made?
Hi Tracey,
This issue has been discussed in the following page:
http://www.mortgagefit.com/propertytransfer/loan-death.html
This issue has been discussed in the following page:
http://www.mortgagefit.com/propertytransfer/loan-death.html