Posted on: 26th Mar, 2009 11:28 am
My friends mother quitclaimed to her daughter before she passed away. My friend wants to sell the condominium. She has been notified that this will go to probate by the realtor. Is this common? Does the realtor have legal holdings to the property?
Quick Claim deeds are never the most legitmate way to convey property. In some cases they stand up but often times they are treated as if the conveyance never happend.
It is a cheap way out but it is better to get a real estate attorney to prepare a vesting deed be it a warranty deed, gift deed or some other type of vesting deed.
On the other hand, if the will states that her daughter has the property then she has nothing to be concerned about. But, the executor of the estate has the legal holdings as to making sure that your friend mothers wishes are carefully cared out. If the realtor was name as the executor then, her job is to make sure that the lady assets are distributed properly.
It is a cheap way out but it is better to get a real estate attorney to prepare a vesting deed be it a warranty deed, gift deed or some other type of vesting deed.
On the other hand, if the will states that her daughter has the property then she has nothing to be concerned about. But, the executor of the estate has the legal holdings as to making sure that your friend mothers wishes are carefully cared out. If the realtor was name as the executor then, her job is to make sure that the lady assets are distributed properly.
Hi Celia,
I don't think the realtor has any legal holdings to the property, unless otherwise mentioned in the deed. When her mother quitclaimed the property, she gave up her interest and your friend became the owner of the property. But was the deed notarized and recorded with couny recorder's. If yes, then the deed is valid and there is no need for a probate.
I don't think the realtor has any legal holdings to the property, unless otherwise mentioned in the deed. When her mother quitclaimed the property, she gave up her interest and your friend became the owner of the property. But was the deed notarized and recorded with couny recorder's. If yes, then the deed is valid and there is no need for a probate.