Legal Question in Real Estate Law in Kansas

1/4 owners

my husband, his mother, and her two sisters are all 1/4 owers of property. mom dies, sisters file quit claim deeds, how do we get moms name off title, with out probate.


Asked on 5/03/07, 11:39 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: 1/4 owners

The answer to yoru question changes based upon "how" they owned the property. If they were somehow joint tenants with right of survivorhsip. Mom's interest evaporated at her death. At that point your husband and his aunts became 1/3 owners. If it was held other than that, then some use of the probate court would be adviseable. A determination of heirship would be easier than a quiet title action, assuming your mother-in-law passed some time ago.

Under the facts you described, your husband can use and rent out the property as if it were all his. When he wanted to sell the property, the title insurer would want Mom's interest dealt with.

If your husband had any siblings, or Mom was survived by a husband, then you may be forced to open an estate for her, even if it is a small one. Your attorney in Kansas should be able to tell your husband the simplest and surest way of getting good title to the property. If you are trying to do this Pro Se from out of the state, you may likely have to pay a future attorney much more, owe a lot of taxes or lose the property.

Good Luck

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Answered on 5/04/07, 11:19 am


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