Posted on: 17th May, 2007 11:46 am
Hello,
IN 2005 my mother sold her house to myself and her. On the quick claim deed it says: This deed made between _____ (her name) and ______ her name and _____ my name. So the property/house was sold from her to her and myself. Well in February 2007 she passed away and now I need to know if I can just go to Register of Deeds to remove her name (as like a divorce I have been told)? We are not doing propate as my mother did not have any assets but I want to be able to sell the house in the future and not have problems. I have been told from one lawyer I cannot and I have been told from another lawyer I can. On her will, she did state that I owned one-half interest and that upon her death I take 100% liability for the mortgage. please help.
IN 2005 my mother sold her house to myself and her. On the quick claim deed it says: This deed made between _____ (her name) and ______ her name and _____ my name. So the property/house was sold from her to her and myself. Well in February 2007 she passed away and now I need to know if I can just go to Register of Deeds to remove her name (as like a divorce I have been told)? We are not doing propate as my mother did not have any assets but I want to be able to sell the house in the future and not have problems. I have been told from one lawyer I cannot and I have been told from another lawyer I can. On her will, she did state that I owned one-half interest and that upon her death I take 100% liability for the mortgage. please help.
hi jenny,
sorry to hear about your mother's death.
as your mother made a quit claim deed to include you along with her, you currently hold half ownership rights on the house.
did she mention who will hold the other one-half along with you in her will?
if you want to sell the house then the other person who is named on the will also has to provide consent to the sale otherwise you will only be able to sell your share of ownership of the house.
miller
sorry to hear about your mother's death.
as your mother made a quit claim deed to include you along with her, you currently hold half ownership rights on the house.
did she mention who will hold the other one-half along with you in her will?
if you want to sell the house then the other person who is named on the will also has to provide consent to the sale otherwise you will only be able to sell your share of ownership of the house.
miller
"IN 2005 my mother sold her house to myself and her. On the quick claim deed it says: This deed made between _____ (her name) and ______ her name and _____ my name. So the property/house was sold from her to her and myself. "
Jenny, did house title was held by both of you as joint tenants?
If it was, then you are the owner of the house now after your mother's death as after death of one of the joint tenants property passes on to the next surviving joint tenant.
Jenny, did house title was held by both of you as joint tenants?
If it was, then you are the owner of the house now after your mother's death as after death of one of the joint tenants property passes on to the next surviving joint tenant.
I think you can go by the Will. And as per the Will, you already owned half the interest in property. But what does the Will state regarding the division of the property? If you are entitled to receive the entire property, then you can always sell it in future.
Hi,
Well what do I call you - jenny or Rick. Ok, I shall go with Jenny :)
You may be able to record the quitclaim at the Register of Deeds. There is a specific time period within which one should record the deed to make it valid. You need to enquire at the Register of Deeds as to what is the time period for validity in your state. Now, if you wish to sell the property, you will have to remove your mother's name from the deed also. And, in order to serve this purpose, I shall suggest that you consider filing an Affidavit of Heirship. This is mostly used in cases where the deceased owner has no Will or he may have left behind a Will but the surviving owner wants to avoid probate.
You may refer a thread where our community has discussed on Affidavit of Heirship. And, if you have any query, please feel free to discuss it with us.
Regards,
Jessica.
Well what do I call you - jenny or Rick. Ok, I shall go with Jenny :)
You may be able to record the quitclaim at the Register of Deeds. There is a specific time period within which one should record the deed to make it valid. You need to enquire at the Register of Deeds as to what is the time period for validity in your state. Now, if you wish to sell the property, you will have to remove your mother's name from the deed also. And, in order to serve this purpose, I shall suggest that you consider filing an Affidavit of Heirship. This is mostly used in cases where the deceased owner has no Will or he may have left behind a Will but the surviving owner wants to avoid probate.
You may refer a thread where our community has discussed on Affidavit of Heirship. And, if you have any query, please feel free to discuss it with us.
Regards,
Jessica.
