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Quit Claiming Property w/o Probate

Posted on: 22nd Feb, 2009 03:43 pm
My mother died in 1998. I have been told that she drew a new will leaving my brother everything. My Mom had a lot in N.J. which I was told I could have...my sister and I paid the back taxes in 2001 and I since then. My brother quick claimed it to us in 2002 but due to the fact he never recorded the will or probated it, the land is still in my Mother's name. What can we do to change the title over. He now is saying he can't be bothered and I do not care to keep paying taxes on land that I do not know how to re-title.
Smiley
Hi Smiley,

What I understand from what you have said is that your mother left a will in your brother's name, who then quitclaimed it to you and your sister in 2002. But since your brother never probated the property it's still in your mother's name. Right?

I think the property needs to go through the process of probate so that the title is transferred to your brother's name. Once it's been transferred to your brother's name he can easily pass on the title to the property to you through a quit claim deed.
Posted on: 22nd Feb, 2009 09:00 pm
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