QUESTION
Can I do a quit claim deed of a property I own to an estate of someone that passed away?
Asked on Nov 06th, 2013 on Estate Planning - Nevada
More details to this question:
I was given a property that I do not want, I am not interested in it. The person who used to own it passed away, I am the owner now. Can I do a quit claim deed and give it to the estate of that person?
15 ANSWERS
Yes, or decline the bequest. Why do you not want to own the property? Is there someone, an heir, that you would rather have the property? We need to know more.
Answered on Nov 13th, 2013 at 5:10 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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How were you given the property? You might be best to disclaim the gift rather than to accept it and then give it away. If you give it away (to the estate or otherwise) you will need to file a gift tax return if its value is over $14,000. Plus, if the reason that you don't want it is that it has liabilities, such as toxic waste, you likely will be liable. Consult a lawyer.
Answered on Nov 07th, 2013 at 6:57 PM
Edwin K. Niles
An estate is not a legal entity. You could deed to the executor or administrator.
Answered on Nov 07th, 2013 at 6:57 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Is the estate still open? I would speak with the personal representative of the estate before doing anything. You may consider donating the property to charity, instead. That way, you get a tax deduction, at least.
Answered on Nov 07th, 2013 at 6:56 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Or you could "disclaim" the gift. There's a timing problem here: you don't own the property until the decedent's estate has been probated, and the personal representative gives you a deed to the property. That would almost always be at the close of probate, decedent's estate would be closed and no, you couldn't then deed property to it. You could deed the property to the people who would take it through decedent's estate. This is a "taxable gift," the words in quotes as your tax advisor will explain when you talk to your tax advisor because your must NEVER transfer real property to someone else without asking your tax advisor what the tax consequences of that transfer are. But if, as I suspect, the decedent's estate has not yet been fully administered, talk to the personal representative about "disclaiming" your gift.
Answered on Nov 07th, 2013 at 6:55 PM
Estate Planning Attorney serving Seattle, WA
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Law Offices of Scott K. Wilson
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Only if the personal representative of the estate will accept and record the deed and sign the excise tax affidavit. If you don't want the property and can't sell it, after 3 years of not paying the property taxes the county will sell it at a tax foreclosure sale or take ownership. Unpaid property taxes are not the personal liability of the property owner so you don't have to worry about the county trying to collect the taxes from you personally.
Answered on Nov 07th, 2013 at 6:55 PM
Thomas Edward Gates
If you received the property before their death, you can quitclaim it. If it is still in the estate, just refuse the receipt of the property.
Answered on Nov 07th, 2013 at 6:54 PM
If the property is still in the decedent's estate, you can disclaim the gift and it will then be dispersed pursuant to the estate plan of the decedent.
Answered on Nov 07th, 2013 at 6:54 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need details, are you on the title? Generally you can reject a gift or bequest. I need details to form a firm opinion.
Answered on Nov 07th, 2013 at 6:54 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You could quit claim the property to the administrator/executor for the estate or may want to look into a release of any claim you have back to the estate. Consult a probate lawyer to be sure no liability falls back o you.
Answered on Nov 07th, 2013 at 6:53 PM
Contracts Attorney serving Auburn, WA
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Singletary Law Offices, PLLC
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People can of course gift any asset to a person willing to accept the gift (subject to any possible gift tax consequences or reporting requirements). The question is whether the estate/PR would accept the distribution. The better practice would be for you to ask the estate beneficiaries if they would accept the land as a gift and then do your QCD from you to those individual(s). You wouldn't do a QCD from you to the PR of the Estate.
Answered on Nov 07th, 2013 at 6:53 PM
2 Awards
Not easily. If you want that person's estate to have it, sell it and gift the money.
Answered on Nov 07th, 2013 at 6:53 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you got it from the estate, you can relinquish your distribution. If you got it before the person died, you cannot without the personal representative accepting the property. Also, you might have gift tax issues by doing that. If it is the latter case, just sell the property.
Answered on Nov 07th, 2013 at 6:52 PM
3 Awards
Title should be reviewed. You do not address how it was placed in your name. A disclaimer may be an option or a correction deed. I urge you to meet with an attorney who can review the chain of title and advise you.
Answered on Nov 07th, 2013 at 12:08 AM