Can my mom do a quick claim deed to put property that’s in her and my aunt’s names into mine and my brother’s names?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my mom do a quick claim deed to put property that’s in her and my aunt’s names into mine and my brother’s names?

Property was left to my mother and my aunt. My mother wants to transfer her interest in the property to myself and my brother, is a quick claim deed sufficient to do so and does my aunt need to be put on paperwork?

Asked on October 8, 2018 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends how your mother and aunt own the property. If they own it as "joint tenants with right of survivorship" (JTROS), your mother cannot do this without your aunt's consent. That is because with JTROS, when one of two owners dies, the property instantly becomes the other one's owner with having to be inherited or go through probate. (That's the "right of survivship''--to the survivor goes the property.) If a younger person or even more two younger people are substituted for one older owner, that affects the other owner's chance of getting the property--e.g. you aunt would only get it if both and your brother died before her. Your mother cannot affect or reduce your aunt's rights and interest in the property without your aunt's consent.
JTROS is most common for married couples. If instead they own it as "tenants in common," there is no right of "survivorship" and each owner's interest is completely separate from the other owner's. So in this case, your mother could quit claim her 1/2 interest to you and your brother without your aunt's involvement or consent. The aunt will kepp her 1/2 interest; you and your brother will then each have a 1/4 interest.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption