Legal Question in Real Estate Law in Virginia

Re: TRansferring property from one relative to another

There are three ways to transfer real estate:

1. By Deed from a living grantor or grantors to a living grantee or grantees. A quitclaim deed works just fine to convey real estate if the grantor who quitclaims it actually owns it. A quitclaim as opposed to a general warranty deed essentially just says the grantor transfers whatever interest he or she has. If he or she has no interest, nothing is transferred and the grantor cannot be sued absent separate circumstances, like fraud, for instance.

In a general warranty deed the grantor "warrants" that he or she has title to convey and can be sued if title is defective.

2. By will or other testamentary instrument, whereby title passes only when the maker of the will dies.

3. By operation of law, such as when an owner dies intestate (without a will) and title passes to his or her intestate heirs, whose identity is determined by statute.

In any case, you need to see an attorney to prepare the document appropriate to your particular circumstances. Don't try to do it yourself. You'd be better off trying to fill a cavity with a Black & Decker and a shaving mirror.