Legal Question in Wills and Trusts in California
Mothers death and a notorized quitclaim deed..........
My mother left us a notorized quitclaim deed with the Witnesseth part having Death Certificate filled in the area, leaving her primary residence equally to her three children. Is this a legal document? Must we still go through the probate process with this being her one and only asset? We have paid all creditors. If legal, are there any tax problems created transferring property into our names?
2 Answers from Attorneys
Re: Mothers death and a notorized quitclaim deed..........
A deed normally calls for immediate transfer of the property, and is not to be used as a will. There are cases that have not allowed this type of transfer. The document needs to be reviewed by an attorney.
Re: Mothers death and a notorized quitclaim deed..........
I'm not sure I understand what's on the deed. Have an attorney review it to see whether it's a completed deed. If so, probate will not likely be required.
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