Legal Question in Wills and Trusts in Washington
quitclaims and wills
my mom left me her house in a will and then she signed a quitclaim deed that was notarized but not filed with the courts. i need to set up an estate account for her but i need to know which form i should file, the will or the quitclaim to make it less expensive for me to put the house in my name
2 Answers from Attorneys
Re: quitclaims and wills
It depends on a number of factors. Has your mother died? Then you are in an estate situation. Are there other heirs? Are there creditors of the estate? Why was the deed not recorded when she signed it or at least before she died? This is a complicated situation and you need to speak with an attorney about this immediately. There are a number of factors that will affect how you should proceed and you may be bound more by what is now legally required than by what is cheaper or more expedient. Good Luck!
Re: quitclaims and wills
There are several important facts not provided and some assumptions that I would not want to make based on your fact statement. Is your mother deceased? Why would you want to file the quitclaim with the court (obviously she was alive when she signed it), normally it is filed with Records (a department in the the Auditor's Office). Mr. Abelite is correct that you should be less concerned about what is less expensive and more concerned about legal effectiveness.
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