Get And Sign Flagler County Quit Claim Deed Form
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How much does a lawyer charge to execute a quit claim deed?THat would depend on a number of thng you haven’t statrd. Like wfere the fouse is. Lawyers say in New York City cost more than in West virginia.Another problem was created ny Gener Sherman’s brother. Lawyers can’t dicuss fees that would be a violation of the Sherman Antitrust act. So find some dirt lawyers in yur town and call them
My mom and dad signed a quit claim deed 10 years ago with instructions for me to bring it to the county clerk in the event of their death. My dad recently passed away. Is this deed still valid or does she need to get it updated?NO, and this is not a valid way to try and avoid probate after your parents pass away. For a deed to be effective, it must contain words and execution (signatures) prescribed by the jurisdiction to effect the transfer (by statutory or common law), and it must be delivered from the transferor to the transferee, and accepted by the transferee. Your problem here is that their oral instructions for you to not file the deed until after their death is not an effective transfer, and the fact that you have held onto the document means that you have never actually accepted the transfer of the real estate. Transfer means more than just physically handing you the deed, it means that your parents had the subjective intent to give you the real property at the time they gave you the deed. By instructing you to hold onto the deed until they passed away, they demonstrated that they had a contingent wish for you to own the property in the future, but that they did not want to relinquish their own legal rights to it until after their death. Likewise, the fact that you have held onto the deed rather than filed it demonstrates that you have not accepted the transfer from your parents, nominally because you understand that they did not intend to transfer the property to you and relinquish their rights. Once your mom dies, the deed can no longer be "delivered" to you because there is no one left to make the transfer, and thus becomes void. At that point, only a court can order the transfer into your name. If you want to avoid probate after your mom's death and take ownership of the house, you will either need to set up what is known as a living trust, or you will need to have your mom transfer the house to you as a joint tenant. Otherwise, once your mom passes away, real property will have to go through probate in order to be transferred into your name. You absolutely should consult an attorney here, and likely it will not cost much for them to set your family up with the appropriate documents. If your mom and dad owned the property as either joint tenants or tenants by the entirety (most likely) then the process is fairly easy as your mom now owns a 100% undivided interest in the house. If (less likely) the property was owned as tenants-in-common, then there are already legal issues that would require the need to involve a probate court.
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