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Do i need an attorney to file a quit claim deed?

West Yarmouth, MA |

I am executor to my brothers estate and I need to file a quit claim deed to get the house put in my name. Is this something that i can do myself?

Attorney Answers 3


You clearly need an attorney because that is not the correct way of making a transfer from an estate. What is the correct way depends on whether the estate was large enough to be subject to Massachusetts estate taxation.

See a local probate attorney for proper advise.

E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.

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I agree with the prior attorney's answer. Based upon the sound of your question, it seems like there may not even be a probate case filed, but that you were named "executor" in the Will. However, being named executor in the Will does not actually make you the legal executor. It's most likely that only the probate court can appoint you as the executor of an estate, no matter what the Will says. After that, there is a procedure which must be followed and completed to transfer property in any probate proceeding. You really need to talk to a probate lawyer in your state before you try to transfer any of your late brother's property.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law.

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I have already gone through probate and have been named executor. My problem is that my lawyer is not being helpful at this point. I have given my mortgage company all the necessary documents and the loan has been changed over to me. Right now my homeowners insurance is about to be cancelled because it is in my brothers name. I can't get that changed until the house has been deeded over to me. Which is something that my lawyer has told me is not necessary. He has told me that the papers that I received from probate are all I need - which the insurance company does not agree with. The insurance company has told me to find out about filing a Quit Claim deed. I'm positive I need a new lawyer but I am lacking the funds for that at the moment and was hoping that maybe there was something I could do myself.


Your attorney is correct. I presume the will left the property to you. Proper probating of the will, together with recording a statement that no estate tax is due or, if due, a lien release from DOR, plus recording a death certificate, would be sufficient to show your ownership from a title search perspective in order to deal with the property by mortgaging it or giving a deed to a new buyer. A letter explaining that and demonstrating that all these things have happened should go from your attorney to the insurance company

To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.

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