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    bcoffey101's Avatar
    bcoffey101 Posts: 1, Reputation: 1
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    #1

    Nov 13, 2008, 07:54 AM
    Quick Claim Deed
    My mother inlaw died with no will, we would like to keep her house in the family. How can we do this. She only has like 10 years keft on the loan.. What can we do..
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 13, 2008, 08:59 AM

    If she dies with no will then her property needs to be distributed according to the inheritance laws of your state. An executor needs to be appointed for the estate. That executor can then execute a quit (not quick) claim deed from the estate to one or more of her heirs.

    Note, that any debts owed must be paid from the estate before any property can be distributed. The mortgage lender may agree to assign the mortgage to the heir (or heirs) being deeded the property.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #3

    Nov 15, 2008, 06:24 PM

    You need to check the title on the property. If there was a joint tenant (someone else with her on the deed called a "joint tenant") then the property belongs now to that person(s). If not, then the property will pass through the laws of intestacy (that means there was no will) in her state. Whoever is appointed to administer the estate is called the "administrator" and then the property probably gets sold and the proceeds divided among the heirs (spouse and kids first, then I think brothers and sisters if any, and on down the line). Alternatively the heirs could own it together as tenants in common.
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