Posted on: 11th Nov, 2009 09:21 pm
My mother passed leaving no will. She had refinanced her home in her husbands name but had the deed quit claimed back to herself but never recorded it. Due to physical abuse, there was a restraining order against her husband and he was not living at the premises.The house has no equity and has a lien. I was able to get most of my moms things but now have no access to the house to get the rest of her possesions. The law states her estate would be divided between her husband(50%),myself(25%), and my sister(25%).
If I record the quit claim will I be responsible for the lien and/or other financial responsibilities?
If I record the quit claim will I be responsible for the lien and/or other financial responsibilities?
I don't think you would be able to record the quit claim deed now as your mother is deceased. You should have recorded the deed during the lifetime of your mother.
It should have been recorded immediately after being signed. Doing it now will result in legal hassles.
Right now her husband owns 100% of the property, and he doesn't have to let you inside the house. Did she have a Will? Or Living Trust? If not, her Estate must go through Probate.
You need to see a Probate Attorney.
Right now her husband owns 100% of the property, and he doesn't have to let you inside the house. Did she have a Will? Or Living Trust? If not, her Estate must go through Probate.
You need to see a Probate Attorney.
