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Quitclaim and Warranty Deed Questions

How is a Survivorship Deed Changed to the Name of the Survivor After Death of the Owner?

In most states, evidence of the death of a joint owner on a Survivorship Deed (i.e. a certified copy of a death certificate) must be filed with the county records office, along with an affidavit or other sworn statement indicating that the surviving joint owner is the sole survivor and now sole owner of the property. [ Read More... →]

Quitclaim and Warranty Deed Questions  ·  July 18th, 2014

Can One Large Piece of Property Be Split Between Two or More Buyers Using a Quitclaim Deed?

To split an existing real estate parcel for transfer to new owners, the new parcels must first be created legally. [ Read More... →]

Quitclaim and Warranty Deed Questions  ·  May 23rd, 2014

How Does a Beneficiary Deed Work in Conjunction with a Last Will?

A Beneficiary Deed is a transfer-on-death instrument. That means when this form of Deed is used in conjunction with a Last Will and Testament, probate is avoided. [ Read More... →]

Last Will and Testament Questions · Quitclaim and Warranty Deed Questions  ·  April 28th, 2014

If a Property Was Quitclaimed Years Ago to One Child, Can a Will Give Shares to Other Children?

If a real estate property has been properly assigned via Quitclaim Deed to any other person, that property is no longer an asset of the person who gave it away. [ Read More... →]

Last Will and Testament Questions · Quitclaim and Warranty Deed Questions  ·  April 1st, 2014

Do I Use a Quitclaim Deed to Transfer a Car Into My Living Trust?

A Quitclaim Deed cannot be used for a vehicle, only real estate property. A vehicle is transferred by vehicle title through the BMV. [ Read More... →]

Living Trust Questions · Quitclaim and Warranty Deed Questions  ·  March 24th, 2014

If My Spouse Had a Home and Child Prior to our Marriage, Do I Get the Home If He Dies?

The answer to this question would depend on a number of factors: [ Read More... →]

Last Will and Testament Questions · Quitclaim and Warranty Deed Questions  ·  March 17th, 2014

Can an Will’s Executor Use a Quitclaim Deed to Transfer Listed Property?

An Executor has no authority to sign a Quitclaim Deed on behalf of a deceased person. [ Read More... →]

Last Will and Testament Questions · Quitclaim and Warranty Deed Questions  ·  March 16th, 2014

If a Home is Owned Jointly and One Person Takes Out a Mortgage That Goes Unpaid, Can the Lender Foreclose on the Entire House?

If payments are missed on a loan that is secured by a mortgage, the lender secured for the mortgage can file a foreclosure action. But the language of the title and the mortgage documents are critical to how the lender may proceed. [ Read More... →]

For Sale by Owner Home Sale Questions · Quitclaim and Warranty Deed Questions  ·  January 27th, 2014

If the Grantor is Deceased, Who Signs a Quitclaim Deed?

No one can sign any legal document on behalf a deceased person. [ Read More... →]

Quitclaim and Warranty Deed Questions  ·  January 8th, 2014

How Do I Transfer Assets from my Deceased Parents’ Trust to Myself?

If a Living Trust document allows the property it holds to be distributed to the heirs following the death of the donors, the Trustee named in the Trust would simply execute a Quitclaim Deed transferring title of the property from the Trust to the beneficiary or beneficiaries named in the Trust. [ Read More... →]

Living Trust Questions · Quitclaim and Warranty Deed Questions  ·  November 26th, 2013

Can I Change My Mind About Real Estate I Just Sold?

While some states have buyer remorse laws, but there are no ‘seller’s remorse’ statutes. [ Read More... →]

For Sale by Owner Home Sale Questions · Land Contract Questions · Quitclaim and Warranty Deed Questions  ·  August 15th, 2013

Does a Property Buyer Have to Honor an Existing Lease in a Short Sale?

A potential buyer or a new owner of a property — be it short sale or standard purchase — must honor an existing lease agreement unless that lease agreement specifically contains a provision for the termination of the lease in the case of sale. [ Read More... →]

For Sale by Owner Home Sale Questions · Quitclaim and Warranty Deed Questions  ·  June 7th, 2013

How Does a Wife Take Over a Home Willed to Her When Only the Husband’s Name Was On the Deed?

In most states, a Probate Estate would need to be opened so that the probate court could issue an order transferring title to the sole beneficiaries’ name.

Most states have an expedited or summary process if the assets to be probated are limited.

Last Will and Testament Questions · Quitclaim and Warranty Deed Questions  ·  May 22nd, 2013

If a Term Within the Real Estate Sales Agreement is Not Included Within the Deed, Which is Enforced?

This is a complicated legal question, and one that is est answered by an examination of a state’s specific laws. [ Read More... →]

For Sale by Owner Home Sale Questions · Land Contract Questions · Quitclaim and Warranty Deed Questions  ·  April 29th, 2013

If I Refinance a Home My Wife Quitclaimed to Me Solely, Does a New Mortgage Void the Quitclaim?

Typically a mortgage and a Deed are handled as separate but related entities in the matter of refinancing. [ Read More... →]

Quitclaim and Warranty Deed Questions  ·  February 26th, 2013

If Multiple Persons Own a Property and One Does Not Wish to Sell, Can the Majority Vote to Sell Anyway?

Absent an agreement amongst all of the owners, a “majority vote” cannot compel the sale of a person’s ownership interest in a property against his or her will.

But there is another option available to move the process forward for all parties. [ Read More... →]

Last Will and Testament Questions · Quitclaim and Warranty Deed Questions  ·  January 23rd, 2013

On a Deed Listing My Deceased Father or Myself as Owners, Can I Use the Death Certificate to Revise and Add My Grandson?

Based solely on the information provided, it is difficult to determine how title to the real estate was owned, or how it can be transferred going forward.

Specifically, the “or” language may be at issue. [ Read More... →]

Quitclaim and Warranty Deed Questions  ·  January 16th, 2013

If I Quitclaimed Our House to My Ex-Husband in Divorce, and He Just Died Without a Will, is the Quitclaim Deed Void?

Properly signed and notarized Quitclaim Deeds are generally unaffected by death. [ Read More... →]

Divorce Questions · Last Will and Testament Questions · Quitclaim and Warranty Deed Questions  ·  January 11th, 2013

If Our House Was Taken In Lieu of Foreclosure, Do We List the Mortgage as an Unsecured Debt in a Bankruptcy Filing?

When a foreclosure occurs because a loan is in default, the foreclosure lawsuit and ultimate sheriff’s sale “strips” the mortgage(s) from the property, either by paying it off in full or part from the sale proceeds (or in the case of second and third mortgages, by paying a percentage or perhaps none at all).

This is done so that any new purchaser of the property can take ownership free and clear without any encumbrances. [ Read More... →]

Bankruptcy Questions · Quitclaim and Warranty Deed Questions  ·  December 21st, 2012

If My Deceased Son’s Wife Left His Children to Remarry, How Can I Remove Her from the Deed to My Estate and Leave Property Only to His Children?

Simply re-draft the Deed to include the names of the three children of the deceased son as Grantees, omitting the name of your child’s ex-spouse. [ Read More... →]

Quitclaim and Warranty Deed Questions  ·  November 15th, 2012