QUESTION
What is the best way for me to handle this quitclaim?
Asked on Dec 09th, 2012 on Estate Planning - Oklahoma
More details to this question:
My father passed away in July of 2000. He and my mother own a home titled to both of them. Title says his name and her name, their heirs and assigns. They paid off house in 1999. When he passed my mom never went thru probate. She did change the tax bill to her name and to estate of my father. She recently passed away. Just before she passed, she signed a quitclaim to me and my brothers signed their share in a form of a quitclaim as well. I have not filed it yet.
16 ANSWERS
Elder Law Attorney serving Auburn Hills, MI
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Byers & Goulding, P.L.C.
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You are probably going to need an attorney to review the deeds in order to get an accurate answer to your question.
Answered on Apr 30th, 2013 at 11:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Take all the documents to a attorney and seek their advice. Your facts are not sufficiently detailed to allow an opinion to be formed at this time.
Answered on Apr 25th, 2013 at 11:23 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Without being able to see the documents, it is impossible to say whether they would be honored. It *sounds* like this would convey title to you. But you really should have an attorney review the paperwork. If the deeds were homemade, then it is possible that the register of deeds would balk at accepting them.
Answered on Dec 14th, 2012 at 12:21 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If your mother and father owned the house as tenants by the entirety (as married couples generally do in Oregon) then all passed to your mother on your father's death and I don't know what you mean by she "change[d] the tax bill to her name and to estate of my father." If they held as tenants in common, then your father's interest still needs to be transferred by probate. If your mother then deeded her interest to you and your brothers (?) and they deeded their interests to you, then you own all that your mother owned. Figure out what is going on before recording any more deeds.
Answered on Dec 13th, 2012 at 9:36 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You should obtain the services of a probate lawyer to assist you, to have an abbreviated probate proceeding to get the title into your name clearly, as the title company will probably not accept the way you folks tried to pass title, in the event you want to sell the property. From the probate court, you will obtain a court order transferring title to you.
Answered on Dec 13th, 2012 at 9:32 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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First if it has not been done, you need to record an Affidavit of Death of Joint Tenant; this will perfect title in your mother. It is not clear whether you need deeds from your brothers, but it is nice that you have them. Keep them in a safe place. After step one above, recorded the quitclaim deed from your mother. Be sure to file with the County Assessor a Change in Ownership Statement (to reflect your mother's death) and unless the house is now worth less than what the assessment is, a Claim for Reassessment Exclusion on Transfer between Parent and Child. (You'll also need to file a Preliminary Change in Ownership Report along with the deed.)
Answered on Dec 13th, 2012 at 9:06 PM
To avoid title issues, your father's name needs to be removed first. You should consult a real estate attorney to assist you in the preparation and presentation of the deeds in the appropriate order.
Answered on Dec 13th, 2012 at 9:06 PM
Shadi Ala'i AlaiShaffer
You really need to speak with an attorney in person. There is some additional info needed before we can say to file the deed.
Answered on Dec 13th, 2012 at 9:03 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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You need to consult with a lawyer who handles estate and probate matters. The big problem is that you have no paperwork showing a transfer of your father's interest in the home to your mother. Even if you record the new quitclaim deeds, a title search for the property will show that you do not have 100% title when you try to sell, and the sale will be held up as a result. Without reviewing the original deed to your parents, it is not possible to tell you what needs to happen to transfer your father's interest in the property to your mother's estate, and then transfer the property to you. An experienced probate attorney will be able to handle that matter for you. Best of luck to you.
Answered on Dec 13th, 2012 at 8:56 PM
Gary R. Pearson
Easy fix. File an original death certificate of your father with the Register of Deeds at your County Courthouse.
Answered on Dec 13th, 2012 at 8:54 PM
Trusts & Estates Attorney serving Berkeley, CA
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Law Office of Scott Pesetsky
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You might be able to complete the process by filing an affidavit of death with the county, but that depends on the facts. Have an attorney read through all the deeds and make a plan.
Answered on Dec 13th, 2012 at 8:52 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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I am going to assume the deed is in proper form (and is notarized). Take it to the Recorder of Deeds for the county in which the property is located and record the quitclaim deed that she signed.
Answered on Dec 13th, 2012 at 8:52 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Assuming the quitclaim your mother signed went to all their heirs,you may wish to file an affidavit the the quitclaim. The other possibility is file a quiet title action. You may also consider contacting a title company to determine the conditions under which they will insure the deed.
Answered on Dec 12th, 2012 at 3:02 PM
There are several questions. The quitclaim deeds would be treated as gifts subject to federal taxation depending on the fair market value of the real estate and you would be subject to any capital gains not taken by your mother or your brothers upon its eventual sale. If the real estate is transferred by the probate court to the natural heirs, however, there is no gift and the taxable value of the property subject to federal taxation on its eventual sale is adjusted upwards - or downwards - to its fair market value. How these two different possibilities affect you may help you decide what to do.
Answered on Dec 12th, 2012 at 2:59 PM
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You should speak with an estate attorney who will need to review the chain of title. By recording what you have you may create a bigger problem buy clouding title. It sounds like you may need probate your dad's to you mom then record the deeds that your mom and brothers signed but it should be done in the correct order. Again take the deeds to see an attorney.
Answered on Dec 12th, 2012 at 2:58 PM
General Civil Trial Practice Attorney serving Oklahoma City, OK
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Denker & Associates, PLLC
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If the house was owned by your mother and father as joint tenants with rights of survivorship, title could have been transferred to her following the death of your father by filing an affidavit to terminate joint tenancy with the county clerk in the county where the property was located. That could have been accomplished without going through probate. Your mother's deed to you may be valid, but there are questions that arise since it was not filed before her death. It will probably be necessary to obtain a court order to determine legal title to the property, but I would go ahead and file the quit claim deeds as soon as possible.
Answered on Dec 12th, 2012 at 2:58 PM