Posted on: 19th Jun, 2010 01:35 pm
a sister in law is purchaseing a property that was the other sisterin laws . but the title is not clear because it was still in her mom and dads name who has passed away. but was not legally deeded to her yet. their are several heirs entitled to their share, the lawyer wants to do a quit claim to get a clean deed. does this mean that when it is posted in the paper that all heirs must contact the lawyer to retain their share of the deed. if they dont what will happen. need help soon
hi carley,
as far as i know, a quit claim deed will not help your sister-in-law to get a clear title as her parents are already deceased. she needs to file an affidavit of heirship at the county recorder's office in order to get the property transferred in her name. in order to do so, she needs to get in touch with all the other heirs and get their permission. once she gets their permission, she will be able to transfer the property in her name.
if the other heirs do not agree to give her sole heirship, then your sister-in-law will have to buy them out by offering them a certain amount of money and ask them to sign over their property rights to her.
as far as i know, a quit claim deed will not help your sister-in-law to get a clear title as her parents are already deceased. she needs to file an affidavit of heirship at the county recorder's office in order to get the property transferred in her name. in order to do so, she needs to get in touch with all the other heirs and get their permission. once she gets their permission, she will be able to transfer the property in her name.
if the other heirs do not agree to give her sole heirship, then your sister-in-law will have to buy them out by offering them a certain amount of money and ask them to sign over their property rights to her.