Posted on: 10th Feb, 2009 04:38 pm
my husband died and i would like to take his name off of the property and just have mine on the property. can that be done by quit claim?
Hi keaton,
Taking your deceased husband's name off the title through a quitclaim deed isn't possible as the grantor (one who transfers his/her property) has to sign the deed to transfer his interest in the property. If your husband had created a living trust or left any will, the property would have been transferred without going through the probate. But is there isn't any will, the property will go through the probate proceeding in a probate court and the successor would be determined as per the law of the state.
Taking your deceased husband's name off the title through a quitclaim deed isn't possible as the grantor (one who transfers his/her property) has to sign the deed to transfer his interest in the property. If your husband had created a living trust or left any will, the property would have been transferred without going through the probate. But is there isn't any will, the property will go through the probate proceeding in a probate court and the successor would be determined as per the law of the state.