Can I quitclaim my mom’s house in my name if her deceased husband is still on the deed with her?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I quitclaim my mom’s house in my name if her deceased husband is still on the deed with her?
They purchased the home jointly about 25 years ago and she now pays the mortgage. I want to pay off her mortgage and in turn add my name to the deed in conjunction with her. I want to make sure the deceased husband (not my dad) and his kids are not in the picture.
Asked on April 16, 2012 under Estate Planning, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are a few different factors to consider. First is how the deed is held. If the deed is held as joint tenants with rights of survivorship then the property passed to your Mother automatically at the time of his death. Technically then she can do with it as she pleases. If the house was not held that way then if there is a Will his portion would pass through the Will or through the intestacy statutes.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.