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File a quitclaim deed while a spouse deceased?

Posted on: 13th Oct, 2008 12:18 pm
Hi,

Is quitclaim deed works for my mom in this situation. The house/titile was under 3 persons (My mom, dad, and oldest brother). My dad recently passed away. My mom wants to get her name out of the mortgage/house/title. The house still not paid off yet. Can we file a quitclaim deed for my mom in this case? Any help would be appreciated.

Thanks,

Daniel
hi daniel!

your mother can sign a quitclaim deed to your eldest brother but this will only take her name out of the property title. if she wants her name to be off the mortgage, then your eldest brother needs to refinance once she quitclaims the property in his name.

thanks.
Posted on: 13th Oct, 2008 08:51 pm
Hi Daniel!

A quitclaim deed will transfer the ownership interest of the property to your brother's name. It will not transfer the mortgage neither will it take away your mother's name from the mortgage. In order to take your mother's name off the mortgage deed, your brother will have to refinance the mortgage.

Thanks,

Jerry
Posted on: 14th Oct, 2008 03:33 am
Thanks all for your answers on this. I have a last question for my post. My dad is passed away so do I still need to list him on the quitclaim deed?

Thanks so much for helping on this.
Posted on: 14th Oct, 2008 11:00 am
Hi guest,

Welcome to forums.

No, you do not have to list his name on the quitclaim deed. If your dad has made a will, then it will go into probate. In case, he did not leave a will, then you will have to file an Affidavit of heirship and transfer the property in your name.

Thanks.
Posted on: 15th Oct, 2008 12:48 am
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