Posted on: 11th Jun, 2008 09:19 am
i need to know which is best for my situation, a quit claim deed or some other form of legal documen my father's house has cleared through probate. both my brother and i were executors of the will and share everything equally. my brother is wanting for me to pay him 20k for his share. i'd like to get a deed that just has my name on it so when it comes time to sell the house, i don't have to mess with him as he lives in a different state.
any suggestions as to what kind of legal document i need to get accomplished?
any suggestions as to what kind of legal document i need to get accomplished?
Hi Garyvickery,
Welcome to forums.
It's good that the probate has been executed on the Will. So, you are going to buy him out, as perhaps he isn't interested to keep the share of the property.
"I'd like to get a deed that just has my name on it so when it comes time to sell the house, I don't have to mess with him "
Yes sure, that's well thought of. Obviously if you are paying him for his share, then there should be some kind of legal document to prove that he has transferred his share of property to you. I think there's no mortgage on the property, so your brother can use a grant deed. But check out if it's applicable in your state; otherwise a quitclaim deed can also be used.
Thanks
Welcome to forums.
It's good that the probate has been executed on the Will. So, you are going to buy him out, as perhaps he isn't interested to keep the share of the property.
"I'd like to get a deed that just has my name on it so when it comes time to sell the house, I don't have to mess with him "
Yes sure, that's well thought of. Obviously if you are paying him for his share, then there should be some kind of legal document to prove that he has transferred his share of property to you. I think there's no mortgage on the property, so your brother can use a grant deed. But check out if it's applicable in your state; otherwise a quitclaim deed can also be used.
Thanks
Hi Garyvickery,
Welcome to forum.
If you are paying your brother 20k for his share of the property then I think quitclaim deed is enough to serve the purpose. If the title is free from any liens then you can even use a grant deed as James has mentioned above.
BTW you should take help from an attorney on this purpose to make the deed valid.
Best of luck,
Larry
Welcome to forum.
If you are paying your brother 20k for his share of the property then I think quitclaim deed is enough to serve the purpose. If the title is free from any liens then you can even use a grant deed as James has mentioned above.
BTW you should take help from an attorney on this purpose to make the deed valid.
Best of luck,
Larry