Legal Question in Wills and Trusts in Georgia

Re: Removing Name Off of Loan

The proper term is Quit Claim Deed. The only way to get the other sister off is to either pay her for her share (and for signing the quit claim deed) or file a lawsuit in which the court determines that you are the true owner - and the court still may want you to pay her something if you don't provide enough evidence that it was intended to be your house alone.

Re: Removing Name Off of Loan

The deed and loan are two separate issues. A borrower gets off the note/loan when the loan is paid off (except the highly unlikely situation where the lender releases the person). Transferring title to someone else means the person doesn't own the property but is still liable for the debt. Otherwise, there is no way to respond since no one here knows the type of interest you adn your mother had to begin with, why the property was not adminstered in your mother's estate, the current status of the loan, and what you are trying to accomplish now. You need a lawyer who can handle the estate and real estate issues.

Re: Removing Name Off of Loan

The answer depends on how your mother and you owned the house.

If your deed says "joint tenants with right of survivorship", then the house is yours alone, and all that is needed to remove your mother's name is to file proof of death in the deed records.

If the deed says "tenants in common" or just has your two names with no words describing how you owned it, you own one-half of the house, and the other half is owned by you and your sisters equally.

If you wish to keep the house, you need to reach an agreement to buy out the unwilling sister, and get quitclaim deeds from both sisters. You would then need to file an affidavit setting forth your inheritance of the other 1/6 interest.

If you have no interest in keeping the house, you could get a quitclaim from the willing sister, then apply to the court to force a sale. (in this scenario, you might also be able to purchase the 1/6 at the price set by the court.)

In all events, you should consult an attorney so that the documents will be properly drawn, and you should certainly hire an attorney if you have to go to court.

Re: Removing Name Off of Loan

First of all, a deed is not the way to deal with this.

You have to probate her estate. And your sister will end up with her part of the house, unless she agrees to give it to you.

Re: Removing Name Off of Loan

Consult with a local attorney. I can tell right off the bat that you need help. One clue is your reference to a "Quick Claim Deed". There is no such animal. The term is Quitclaim Deed. At any rate, you may not need to do anything, depending on the wording of the deed whereby you and your mother took title.