Legal Question in Real Estate Law in Missouri

quitclaim deed

My wife has a Beneficiary deed from her recently deceased parents. The deed names her and a sister. Neither of them live in the area and would just as soon sell the property. They hava a potential buyer. Can this type of transaction be handled thru the mail? Should she have an attorney at this end ? Does a quitclaim deed fit this situation ?


Asked on 8/11/05, 11:59 am

2 Answers from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: quitclaim deed

Quit claim deed won't do it (need a warranty deed); it can be done through the mail; you'll need a lawyer here to help you. I'm assuming the property and the buyer are in MO, so the buyer's lawyer in MO will have to be in contact with the lawyer here. We'd be happy to help you. It'll cost about $475 for the lawyer's services here. I don't know about what taxes might be due in MO (they won't be much, if anything is my guess). Call me at 860-233-6336 John Heffernan

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Answered on 8/11/05, 2:37 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: quitclaim deed

Yes, I would suggest that the beneficiaries hire a local attorney. From the facts stated in your post, it appears that they will need to prepare and record an affidavit of death with the recorder of deeds prior to selling the property. Also, a local attorney could prepare the real estate sales contract, and help with closing. Finally, either the title company or the local attorney can prepare a quit claim deed . Either the beneficiaries can do everything by mail or sign a specific power of attorney so that the local attorney can sign the necessary documents for them.

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Answered on 8/11/05, 4:58 pm


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