Legal Question in Real Estate Law in Georgia

Quit Claim Deeds

My brother and I were left an equal share in my Mom's property after her death in November. Because of a lot of expense that I had in the house, and in her care, my brother is signing a quit claim deed to give up his rights to the property (house and land). I have been told my a local attorney that he can sign that quit claim deed now, even before the Will is probated. I just want to make sure. Is it OK for the quit claim to be dated before the actual probating of the will. I was also told the Executor would need to do an Executor's Deed, putting the property in both my name and my brothers, and then the quit claim deed should be filed. Again, is it OK that the quit claim is dated before all of that?


Asked on 12/11/03, 2:25 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Quit Claim Deeds

Yes, go ahead and get the quitclaim and have it recorded. Just to be safe, file it again for recording after the executor's deed is filed. It will cost you an extra $5.00 but what the heck.

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Answered on 12/11/03, 5:53 pm


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