Posted on: 11th Jan, 2008 06:54 pm
my father recently passed away and my mother is now unable to make the house payment since she will not able to collect his social security. would i, being her daughter be able to do a quit claim deed and what is involved with the process?
a quit-claim deed is a possibility, depending on precisely what you wish to accomplish. if your mom wants the assurance that she will be able to remain in the home for the rest of her life, you can add a "life-use" clause.
you can also have a quit-claim done from her to you and herself, so that you end up as joint owners. you need to seek legal representation to be sure that all your rights are protected - both of you.
is there a mortgage on the home? if so, the lender might not wish to see title pass to another individual without some knowledge. if there is no mortgage, then not to worry.
i hope this is helpful.
you can also have a quit-claim done from her to you and herself, so that you end up as joint owners. you need to seek legal representation to be sure that all your rights are protected - both of you.
is there a mortgage on the home? if so, the lender might not wish to see title pass to another individual without some knowledge. if there is no mortgage, then not to worry.
i hope this is helpful.
hello sjm,
is your mother the co-owner of the property along with your father? only then she will be able to sign a quit claim deed to transfer her share of the property to you.
did your father prepare a will or does your mother have the power of attorney? otherwise she will not be able to transfer your father's property to you.
in that case, you may have to file an affidavit of heirship to get the property in your name.
you have to talk to the lender first and take his consent before transferring the ownership rights, otherwise he may call the entire mortgage balance due immediately if there's a change in ownership. your lender might ask you to do a refinance to transfer the mortgage in your name but this will be possible only after the title is in your name.
it will be better if you consult an attorney and take his advice.
is your mother the co-owner of the property along with your father? only then she will be able to sign a quit claim deed to transfer her share of the property to you.
did your father prepare a will or does your mother have the power of attorney? otherwise she will not be able to transfer your father's property to you.
in that case, you may have to file an affidavit of heirship to get the property in your name.
you have to talk to the lender first and take his consent before transferring the ownership rights, otherwise he may call the entire mortgage balance due immediately if there's a change in ownership. your lender might ask you to do a refinance to transfer the mortgage in your name but this will be possible only after the title is in your name.
it will be better if you consult an attorney and take his advice.
don't forget, jenkin, that power of attorney expires at the time of death, so using it for this purpose would make it null and void.
I would wait for the probate courts to determine what should be done with this home. If she had a surviorship deed then it would transfer to just her name upon the death of your father. I would check into this. Otherwise, I would contact a probate attorney.
I also wanted to make mention that if your mother quit claims the property to you it won't solve much right now since your father is still on title and there is still a mortgage on the property. Are you thinking about taking over the property and the payments when the property is transfered to you?