Posted on: 25th Mar, 2009 02:28 pm
My husband and I are in our 50's and own two homes. We both have wills and want our two adult sons to be able to inherit the homes by avoiding probate upon our death. A friend told me that what she did with her mother's home is draw up a quitclaim deed but did not record it and kept it filed in a safe place until her mother's death. If you agree with this method, would our names be listed as the grantor and also be included with our two sons as grantee and then they would produce a death certificate? Can our sons record a quitclaim deed after our death, assuming we have signed and notarized at the time the document is drawn up?
Hi suepuch,
By signing a quitclaim deed you can definitely transfer the property to your sons, avoiding the lengthy process of probate. However, I think the deed should be recorded as early as possible, because recording it too late might make the deed invalid. You will be signing the deed as grantors and your two sons will be the grantees. You can also include a life estate clause in the deed which would allow you to stay on the property as long as you live.
By signing a quitclaim deed you can definitely transfer the property to your sons, avoiding the lengthy process of probate. However, I think the deed should be recorded as early as possible, because recording it too late might make the deed invalid. You will be signing the deed as grantors and your two sons will be the grantees. You can also include a life estate clause in the deed which would allow you to stay on the property as long as you live.
My father died almost 3 years ago, I was the executor of his will and I was appointed personal representative by the probate court. My question is---what is the proper way to transfer his real property into my name? All properties are paid off and owned free and clear. I have been told (by friends) that need to file a quit claim deed---is that correct?---if so, how do I fill it out?
Hi Jerry!
Welcome to forums!
As there was a will, you'll have to probate the will. Once the will is probated, you need to submit it at the county recorder's office and transfer the property in your name. You can also contact a real estate attorney and he will help you in doing the needful.
Sussane
Welcome to forums!
As there was a will, you'll have to probate the will. Once the will is probated, you need to submit it at the county recorder's office and transfer the property in your name. You can also contact a real estate attorney and he will help you in doing the needful.
Sussane
My Dad passed a few months ago. Still both parents are listed on the deed of their home. What should my Mom do at this point? She is 82 yrs old and thinks that removing my Dad from the deed is the right thing to do right now. When she passes would the property go into probate? She does not have a will. What advice can I give her?
Hi Lindamh!
Welcome to forums!
Your mother should file an affidavit of heirship at the county recorder's office in order to transfer the property in her name. This will make her the owner of the property.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Your mother should file an affidavit of heirship at the county recorder's office in order to transfer the property in her name. This will make her the owner of the property.
Feel free to ask if you've further queries.
Sussane