Legal Question in Wills and Trusts in New Hampshire

Probate

I am one of five siblings. My mother recently passed away without a will and we are dealing with her estate. One sibling has asked the other four to quit claim all rights to her real property for a small monetary amount (each). We do not have a problem with this except the sibling wants the quit claim deeds signed and given to him BEFORE the probate petition is filed. What is the difference between signing over all rights before (probate) rather than after title is transferred into our names after probate? Is there a tax advantage? Thank you.


Asked on 3/09/07, 6:04 pm

1 Answer from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: Probate

It is not clear what the reason is for the rush. It is possible that if the estate did not have sufficient assets to pay creditors of your mother, the real estate might have to be sold.

Has anyone asked why the sibling wants it done before the estate is probated?

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Answered on 3/09/07, 10:21 pm


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