Legal Question in Real Estate Law in California

QuitClaim Deed

If the person is deceased that the property name is in,how would you fill out the quitclaim deed!


Asked on 7/07/05, 2:14 pm

5 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: QuitClaim Deed

The short answer is that you can't fill it out because only the owner of record can convey the property. If there was a co-owner and the property was held in joint tenancy, you'll need to file a document called an Affidavit of Death of Joint Tenant. If the property was in a living trust, the successor trustee can transfer the property under the terms of the trust.

If there was no living trust and no co-owners, you may need to file an appropriate proceeding with the local probate court. However, you did not provide enough specific information to address your situation. Please feel free to contact my office if you need further information or assistance.

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Answered on 7/07/05, 2:28 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: QuitClaim Deed

YOu wouldn't. If the person is deceased and the property is in that persons name one must go through probate and have the property transfered by the representative of the estate of the deceased.

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Answered on 7/07/05, 2:29 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: QuitClaim Deed

You don't. A quitclaim deed must be signed by the person giving up title, which in this case would be impossible.

If there is a spouse involved, there are some things that could be done. Otherwise, the property must go through Probate in order to change title.

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Answered on 7/07/05, 2:45 pm
Scott Linden Scott H. Linden, Esq.

Re: QuitClaim Deed

Unless the deceased had a will or trust, opening a Probate proceeding will be necessary, and it will have to pass under the intestate rules of the Probate Code.

If you are in the greater Los Angeles or surrounding areas and if you would like a free consultation, then please do not hesitate to contact me at 626-578-0708, extension 4 or through our firm's website at www.No-Probate.com under the "attorney" section.

Scott

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Answered on 7/07/05, 2:58 pm
Michael Olden Law Offices of Michael A. Olden

Re: QuitClaim Deed

you don't --- now read all the other answers --now immediatly get an appointment with an attorney who has an expertise in estate planning/probate, now, yesterday, immediatly and listen to the advice carefully and then do it

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Answered on 7/07/05, 7:26 pm


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