Legal Question in Wills and Trusts in Florida

Need for Quit Claim Deeds to sell inheirited Home

FACTS: Mother died with no will; left three

children; two wavied claims to me; selling house;

told need "quit claim" deeds from both; brother is

very hard to locate and the closing is set soon.

Q. Is this the only way that I can sell the house?

Is there anything that I can do to make this

closing happen?

A. If the closing has not taken place yet and

there is no third party [bank/mtg. co.]financing

involved, then you can sign an "Agreement for

Deed". This is a contract that says you will

deliver good and marketable title at a later date

if all monthly payments are timely made to buy the

home.

If third party financing is involved, then you

will have to clear up the title and Quit claim

deeds would be the cheapest and best.

Re: Wavier of rights and sale of homestead

Your brother and sister continue to be record owners of the property. A quit claim deed from each of them would be necessary to release their interests. If they truly "waived" their interests in the estate, that may be sufficient. I would need to examine the "waivers". Right now, try to preserve the sale by going with a "rent to own", cotract for deed, option or some other type of document. Be sure to tell the buyer this problem exists. Good Luck! JMC