Posted on: 09th Oct, 2010 09:44 pm
my father did a quitclaim deed in my name but he passed before we was able to file it he had it notizied and signed by a witness the deed was done 2009 and he passed 2010 we live in ny. reason is i do have sibling and i don't want no touble and i don't want to do nothing illegal
Hi keyeaze,
Welcome to mortgagefit,
I do appreciate your concern about your siblings.If you think that you only want to get the property on your name then you should submit the quitclaim deed to the county officer and as it is notarized (but not yet registered) most probably you may get the property.
But on the other hand if you wish to share the property with your siblings then you should not submit the documents to county officer and let natural proceeding of transfer of property takes place and all of you will get equal share out of it.
Feel free to ask any further query if you have.
DIPA
Welcome to mortgagefit,
I do appreciate your concern about your siblings.If you think that you only want to get the property on your name then you should submit the quitclaim deed to the county officer and as it is notarized (but not yet registered) most probably you may get the property.
But on the other hand if you wish to share the property with your siblings then you should not submit the documents to county officer and let natural proceeding of transfer of property takes place and all of you will get equal share out of it.
Feel free to ask any further query if you have.
DIPA
So I will not. Be doing anything wrong by filing the quitclaim deed, now here is what is going on I was my father caregiver I had to take him out of. His house. For a few months due to the house was fuil of mold. And he started getting sick
Being that I cannot find a will the deed stand reason ask they went and got a lawyer to fight me because I am staying in the house and because my father had added me to his bank account so they are mad because all i did was remove his his name just to keep. The bills paid although all his checks stop I put money in thrtr yo cover the bills do I have rights and I was his power of attorney
Hi birdell,
As your father is deceased now, the power of attorney will have no importance. Moreover, the deed was not recorded prior to your father's death. Thus, the deed may not be considered as valid. In that case, you and your sibling will have equal rights to the property. Both of you can contact the county clerk's office and file an affidavit of heirship and get the property transferred in your name.
Thanks
As your father is deceased now, the power of attorney will have no importance. Moreover, the deed was not recorded prior to your father's death. Thus, the deed may not be considered as valid. In that case, you and your sibling will have equal rights to the property. Both of you can contact the county clerk's office and file an affidavit of heirship and get the property transferred in your name.
Thanks