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My deceased mother is on the deed for condo with my sister. How do I get the deed in just my sister's name or add mine?

Delray Beach, FL |

Do I need an attorney to do this or can I just fill out some forms or a quick claim deed. I need the steps to do to accomplish this. Thank you

Attorney Answers 6


  1. You will need a lawyer to do this. DO NOT USE A QUIT CLAIM. It will cause title insurance issues when you go to sell. If the property was held as joint tenants, this will be easier. If held as tenants in common, you will need to probate the estate.

    DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise. When answering questions on AVVO, attorneys are prohibited from directly soliciting business. Don't take this as an indication of lack of interest. James S. Tupitza


  2. Depending on the type of co-ownership your mother had with your sister, you may not have to do anything. You should have the deed reviewed by an experienced real estate lawyer in your area to determine what, if any, action is necessary.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.


  3. I agree with Attorney Deason. You need to take the deed to a probate or estate attorney and ask them to review it and advise you in the steps you need to take, if any. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.


  4. First of all, forget the words "Quit Claim Deed" ever existed. It is not what you think it is. Secondly, how to transfer the title property will depend upon how the title was held; i.e., what the language of the deed says. If the deed says "...as joint tenants with rights of survivorship," then the property is already in your sister's name. If the deed says "...as tenants in common" or does not say anything, about how your sister and mother owned the property together, then the deed must be probated to determine who owns your mother's half of the property.

    When dealing with property, ALWAYS hire an experienced real estate attorney. ALWAYS. For most people, the property will be the single largest asset and/or investment of their lives. Don't mess around by relying on advice or articles from the internet. Every case is unique. Failing to mention one seemingly small fact could completely alter the advice received. Also, there is a great deal of bad information out there...such as the misunderstanding of a Quit Claim Deed.

    If this answer was Helpful or the Best Answer, please click above to let me know. Representing clients on Commercial & Residential Real Estate matters Statewide for over 13 years. Development / Purchasing / Leasing / Foreclosure / Eviction / HOA


  5. The answer to a complex legal problem like this is not to find the right form, but to find the right attorney. There is no such thing as a quick claim deed. I have seen far too many quit claim deeds prepared by someone who found a form which simply are not enough to transfer an interest in real estate. Hire a professional.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.


  6. First of all, my condolences over the loss of your mother. This really may not be an expensive or labor-intensive item for an attorney to do for you, despite your misgivings otherwise. It really depends on how exactly the deed is currently worded. Most attorneys will provide a free consultation; I suggest you take advantage of that and determine what type of deed is currently in place so as to make a more informed decision. The general answers provided herein do not know, without verification, what type of deed it is without review of the same. I highly suggest you ensure you know what type of deed it is to start. Good luck and again, my sympathies.

    The general answer provided herein cannot substitute for personalized attention to your specific legal concerns. Also, providing an answer to your question does not constitute in any manner whatsoever a client-attorney relationship or privilege between us. The hiring of a lawyer is an important decision and should not be based solely upon advertisements or the like. Before you decide which attorney to retain, please ask for free written information about qualifications and experience.

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