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Can I do a quitclaim deed to remove minor name from a grant deed?

Posted on: 12th May, 2009 07:06 pm
my wife and i tried to add my sons to a living trust and their names mistakenly also showed in a grant deed. now i tried to refinance but the title company told us that we have to hire an attorney to remove their name from a grant deed because they are minor. what is the best way to remove their name? can i do a quitclaim deed for this?
Hi lenvanle

A quitclaim deed could have been an option for you if your sons were adults. But as they are minor, it would be better if you contact an attorney and then go for the transfer of the property from their name to your name.

Thanks.
Posted on: 13th May, 2009 03:00 am
Thank Niicss for your answer. We contacted my attorney today but he is not sure what to do yet? We am thinking to suggest to my attorney to prepare a quitclaim deed with our sons as grantors, then my wife and I will sign the quitclaim deed for them in the front of our attorney because they are minor . What do you think about this idea?

Thank you very much in advance.
Posted on: 13th May, 2009 07:53 pm
Hi Guest!

Welcome to forums!

I'm not a legal expert but I feel it's a good idea. However, I would suggest you to speak to other lawyers as well and take their suggestion on this issue. Do keep the community posted about the matter.

Feel free to ask if you have further queries.

Sussane
Posted on: 13th May, 2009 09:19 pm
Hello Sussane and all,
We called a lot of lawyers and they said they will prepare us to see a judge, but it will take more than a month and a lot of money.
Help! As a biological parent, why can we remove the children from a grant deed when we had mistaken add them in the grant deed in the first place. Also we have created another grant deed to correct the first deed a month later. So the second grant deed just had our name (parent) and the trust. The county recorder office said that the second one should replace the first one. But the title company will not allow us to refinance because the first grant deed had our kid names.

So we are planning to file a quitclaim deed ourselves and put our three minor children as grantors. Then we will sign for them since they are minor.

we never file this quitclaim deed yet, we need to be careful not to make another mistake on the quitclaim deed. What should I check under these fields?

The undersigned grantor(s) declare(s) __________________________
DOCUMENTARY TRANSFER TAX $
____ computed on full value of property conveyed, or
____ computed on full value less liens and encumbrances remaining at time of sale.
____ Unincorporated Area

FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, I (We) ______
___________________________________________________________________________

hereby remise, release and quitclaim to ___________________________________________
___________________________________________________________________________
the following described real property in the City of ,County of (county name)
State of California, with the following legal description:
___________________________________________________________________________

___________________________________________________________________________

Thank you so much for your helps and suggestions!
Posted on: 15th May, 2009 04:05 pm
Hi Len!

Welcome back to forums!

I'm not a legal professional. It would be better if you could consult an attorney and take his/her help to fill out the quitclaim deed. The attorney could check out the deed and let you know if there are any errors or not.

Sussane
Posted on: 15th May, 2009 09:05 pm
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