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.
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James S. Tupitza
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.
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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.
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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.
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.
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