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    heather12's Avatar
    heather12 Posts: 3, Reputation: 1
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    #1

    Mar 24, 2008, 05:47 PM
    Quick Claim Deed on Real Estate
    In order to get a quick claim deed on my deseased husbands estate does the entire family have to be present at signing.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Mar 24, 2008, 05:57 PM
    You're going to have to provide some more information. Are you talking about the estate giving you a quit claim deed? Whose family? Is there a will?
    heather12's Avatar
    heather12 Posts: 3, Reputation: 1
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    #3

    Mar 24, 2008, 06:07 PM
    My husband is deceased when he passed I paid the house completely off with my money. I wanted to get the hose transferred into my name. I was told in order to do so that I would have to get a quit claim deed and have all my children sign for some reason. I am wondering if that is true.
    heather12's Avatar
    heather12 Posts: 3, Reputation: 1
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    #4

    Mar 24, 2008, 06:08 PM
    I'm sorry no there was not a will. The house wasn't paid off at the time of death so once he passed I just paid the house off with a cashiers check from my banking account.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Mar 24, 2008, 07:05 PM
    How is the house deeded now, was it in your husbands name only ?

    Most married couples ( not all) have the deeds written in both names with right of survial, so there is no need to make a new deed at all, or one can be filed with only a copy of the death certificate.
    ** no need for will, probate or anything.

    Now if he died and the deed was in his name only, the deed will have to go though probate court, where the property is decided by state law as to who is the owner, if you are the only heir with a claim to the house, then the judge will issue order for you to be deeded the property alone.

    So if you don't know how it is now deeded, go to the court house and look at the current deed on the property.

    Also unless you were on the deed and/or mortgage, it is the estate, not you that was suppose to pay off the loan.

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