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Quitclaim and Warranty Deed Questions

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