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Can a person whose name is not on a deed automatically do a quit claim deed on your house?

Miami, FL |

my sister wants to take out a quit claim deed on my house.My mother's name is on the house and she is now deceased although she didnot sign over her share to my sister but I just found out she is trying to do a quit claim deed on the house,can she do that legally without my consent or my input?

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Attorney answers 3


If your mother owned the house in her name at death then the house has to go through probate which means an estate representative has to be named. Your sister, if she is not the estate representative, cannot do what you are proposing. You should see an attorney to walk you through the probate process.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website:


Ordinarily the only person who can do a quitclaim deed is the person who owned it. However, after death, there is a process called probate, and you don't give enough information here to determine what is going on with your mother's estate. You need to see a probate attorney and determine what is going on in order to preserve your rights.

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A quit claim deed is a deed where the person transfers whatever interest they may have to a piece of property. They warrant nothing about what it is they are transferring. If the house you live in only had your mother's name and she died, then it passed to her heirs, BUT probate is likely needed to establish the rightful owners. You and your sister may be the owners and she has some interest she can transfer with or withour your consent or input.

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices., 305 377 1505

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