If my husband’s grandmother want to put her home in his name because she doesn’t feel that her children deserve it, what legal steps need to be taken?

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If my husband’s grandmother want to put her home in his name because she doesn’t feel that her children deserve it, what legal steps need to be taken?

And if a Will was made in the past, leaving everything to one of those children, what effect would it have on the home if it is in my husband’s name (at the passing of the grandmother)?

Asked on May 6, 2013 under Estate Planning, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The grandmother can convey her home via a quitclaim deed to your husband.  A quitclaim deed releases her entire interest, right, and title to the property to your husband.  The quitclaim deed needs to be signed in the presence of a notary and then recorded.  Recorded means filed with the County Recorder's office.  The quitclaim deed is effective upon being recorded.

A codicil (amendment) to the Will can state that the property was conveyed to your husband by quitclaim deed and is no longer part of your grandmother's estate.  The beneficiary originally designated to receive the house will not receie it.  The codicil should be sufficient in addition to the quitclaim deed.  However, if the effect on the Will warrants, a new Will revoking the present Will would be an alternative to consider.


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