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I was quick deed property and my sister when my mother made the life estate for herself. now can i quick my 1/2 to someone else?

Raymond, WA |

i just need to know is , as 1/2 owner of property can i quick deed it to someone else?

Attorney Answers 3

  1. Best answer

    Good question! You and your sister own the property, subject to your mother's present possessory interest (her life estate). You probably own the property as tenants in common with your sister. But, there are a number of other ways to transfer property, so someone would have to verify that this is true. That means, you and your sister have an equal, possessory interest in the property and it will revert to both of you at the end of your mother's tenancy, when she dies. Unless there exists some written limitation on your right to alienate your interest, then you can sell your 50% interest to anyone you would like. As other commentors have mentioned, you may wish to consider the tax implications of such a sale. I'll add that, if your family is close, you should consider discussing your intent before taking action. Best wishes!

    This advice is for informational and educational purposes, to provide a service to the community. None of this advice is specific to the facts of your case, but is instead a general statement of the law given your limited request for information. Hire an attorney to get legal advice about your particular legal issue. I am not your attorney. Washington state encourages attorneys to assist people seeking help informally. In the event that any jurisdiction believes that this advice constitutes an advertisement, then for your jurisdiction's purposes: this is an advertisement. Though, it is my intention merely to provide general, legal information regarding limited fact patterns.

  2. A co-owner or any owner of any interest in property can transfer by deed any or all of the interest they own, for any or no reason. There may be tax or other reasons why what you propose may or may not be in your own best interests or in the best interests of others involved. You should consult with an experienced real estate attorney promptly and before doing anything else.
    Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

  3. I agree with Mr. Miller's reply and recommendations. Although it sounds like someone is saying "quick" deed, the correct terminology is "quit claim deed." Also, depending whether the transaction is a gift or a sale of your interest, an excise tax affidavit will need to be completed, and possibly an excise tax will need to be paid - an attorney can assist you in preparing the necessary paperwork.

    West Law Offices, PS provides the information on this Web site for informational purposes only. The use of this site does not create an attorney-client relationship.

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