My ex-spouse filled out a quit claim deed naming our son only on the deed. He intended to have my son inherit his rights in the house upon his death, which has now occurred. This home is in Missouri. What is the process now for him to claim this property? This was done when he refinanced the house in 2008.
Real Estate Attorney
A quit claim deed, like a warranty deed or a special warranty deed, conveys all of the interest that your ex-husband had to the property. Rather than being concerned about the type of deed, you should be concerned about what the wording of the deed said was being conveyed. You should have this reviewed by an experienced lawyer in Missouri to determine what steps your son needs to take with respect to the property.
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.
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Family Law Attorney
Whatever rights he had . But a quitclaim deed is not a way to pass property at death. In any case, if the property is in Missouri, you need to post this with a Missouri address to get advice on property deeds and probate procedures in Missouri.
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6 lawyers agree
I agree that the quit claim deed passes whatever interest he had in the property. You should have this reviewed by an attorney because there may be a number of different issues, particularly from a tax perspective. But if the deed was properly executed and recorded, then all your son would need to do at this point is to record a certified copy of the death certificate.
Hopefully, the deed was prepared by a lawyer who knew what he/she was doing. I have seen many homemade deeds that were not prepared property, and it resulted in probate being necessary.
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I agree with all the other attorneys who suggested that you seek the advice of a Missouri attorney here. However, if the quit claim deed was signed, delivered, and possibly even recorded prior to your ex-spouse's demise, then your son owns whatever interest your ex-spouse had in the property at the time the quit claim deed was signed and delivered, and hopefully recorded. This would mean that there is nothing your son need do, as he owned your ex-spouse's share as soon as the deed was signed. Seek the opinion of local counsel, just to be safe.
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Estate Planning Attorney
Full ownership subject to liens, mortgages of record etc.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
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Commercial Real Estate Attorney
See my video on this topic on YouTube.
The foregoing information is for educational purposes only. It is not meant to be legal advice. You should hire a qualified attorney to assist you with all of your legal matters.
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