Legal Question in Real Estate Law in Massachusetts

I am the executor of an estate of an individual who was a resident of New Jersey upon death. The decedent owned residential real estate in Plymouth County Massachusetts under a Warranty Deed. The property was bequeathed to a Testamentary Trust. During the ancilliary probate process in Massachusetts an attorney prepared a Quitclaim Deed to transfer title from the decedent to the Trust.

Is it normal to step down in quality from a Warranty Deed to a Quitclaim Deed under the above facts?

Should a Deed of Distribution be used instead of a Quitclaim Deed?


Asked on 5/31/19, 7:02 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Greetings.

A deed with statutory quitclaim covenants is standard in Massachusetts and is similar to special warranty deeds used in other jurisdictions. I recommend you use an attorney in any real estate transaction.

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Answered on 6/08/19, 4:59 am


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