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Do I need a real estate lawyer to file a quit claim on estate real estate?

This is in regards to an estate where the real estate is left to the children and one sibling is buying out the other's share.

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Attorney answers (3)

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Reputation Level 10
Given the various legal issues presented in the transfer of real property, I recommend you retain an attorney to draft, file and record the quitclaim deed. If the deed is not drafted or recorded properly, serious consequences can arise.

There are also other issues that an attorney can discuss with you such as a due on sale clause in the mortgage. A due on sale clause is a provision in a promissory note whereby the lender requires the loan to be paid in full if title is transferred.

The cost of hiring an attorney to prepare and record the quitclaim deed is likely minimal and worth every penny. Best of luck.
3 people marked this answer as good

Reputation Level 10
You don't need to have a RE attorney but it certainly is strongly recommended because if you do it wrong you could potentially create significant issues related to the property. Since many states differ in their approach to these questions you should find a lawyer licensed in VA.

Good luck.
3 people marked this answer as good

Reputation Level 8
Whether you need an attorney is a different question than whether you should hire an attorney to file a quit claim deed. Depending on your circumstances, the facts, and your level of comfort, it may be a prudent course of action to at least consult with an experienced real estate attorney and then make an informed decision.

Regards

Other answers (1)

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timgill

if your renting to own a house and the ones your buying it from is selling it though a real a state company and the real a state buy's it for less than what u owe on it is it legel for them to buy it when ur already buyong it

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