Legal Question in Elder Law in California
Quick Claim Deed
If my wife were to file a quick claim
deed on our house and she were to
pass away and the deed was in my
stepdaughters name, would she be able
to claim the assets before I were to
pass away ?
3 Answers from Attorneys
Re: Quick Claim Deed
This is a complex question. It deals with probate and with community property. I would not be comfortable giving a yes or no answer in this situation. If you need consultation on this, please call my office at your earliest convenience.
Joshua Hale
Re: Quit Claim Deed
If the deed is to your stepdaughter, then yes, because she becomes an owner once the deed is signed. There are other, better ways to protect her stepdaughter's inheritance, like a will or trust, or perhaps even a life estate.
A quitclaim deed is still a deed, which is an immediate transfer of ownership.
Re: Quick Claim Deed
A deed transfers ownership, whether recorded or not, so if she gets your wife's share of the property by deed, she owns it and could assert her lawful rights on it, before or after your death. If such claims are made now, consult with an attorney.
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