Legal Question in Real Estate Law in California

Quick claim deed

Before my mother passed away she quick claimed the deed to her house where my brother is living to date . After i file the deed can I kick me brother out.The deed was witenessed my two different people but not nortrised.


Asked on 7/15/04, 4:06 pm

2 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Quick claim deed

In order to record a deed in any county in California, the deed must be notarized. The law simply does not provide for the recordation of a deed which has been "witnessed" to anyone.

In order to obtain title to the property, you are going to need to open a probate and petition the court to transfer the property to you.

You need to seek the assistance of an attorney.

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Answered on 7/15/04, 4:13 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Quick claim deed

The deed is not valid. The estate needs to be probated. You may apply for executor. Call me directly at (619) 222-3504.

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Answered on 7/15/04, 9:09 pm


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