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acostamoses · Mar 8, 2011, 01:34 PM

My father has passed away and he had no will whatsoever but he told me verbally that he wanted to put the house in my name. But he passed before we can do that. He is married but his wife is illegal and does not work. And we all want to put the house in my name because this house is the last thing we have of my father.

He built this house with his own hands and I grew up in this house and it's the sentimental value to me that I want it in my name so I can be sure not to lose it. I am willing to pay any and all past debt that he has on this house so we won't lose it.

Is a warranty deed or quick claim deed possible to do on this house?

smoothy · Mar 8, 2011, 01:41 PM

You need to go through probate court. Because it was in your fathers name, and he died without a will... nobody living but a court can act on his behalf. I would hire an attorney for that purpose.

AK lawyer · Mar 8, 2011, 02:29 PM

Originally Posted by acostamoses

... Is a warranty deed or quick claim deed possible to do on this house?

The term is "quit claim" deed.

And the answer is no. You have no title to convey. If someone were foolish enough to pay you money for such a deed, he or she would be buying property without the ability to sell or mortgage it.

If you are the intestate heir of your father, get his estate probated. That's the only sure way to hang on to the property.

joypulv · Mar 8, 2011, 03:05 PM

Some states have limits on illegals owning and inheriting certain types of property, but I doubt any state does in the case of a house.

Probate without a will will take a long time. His wife will probably get half the house. Each state has their own list of who gets what when there is no will (intestate) but I doubt any don't include the wife first. In my state the wife gets half and HIS children, if none are her children with him, all get the other half equally.

You might want to start talking to her about buying her out for back taxes before the state takes it. You will have to wait for probate to be final before she can 'sell' to you.

smoothy · Mar 8, 2011, 03:49 PM

I had initially MISSED the part about the wife when I posted. That does seriously complicate things. Under most state laws the spouse is assumed to receive everything in absence of a will to the contrary. We still need to know where they house and the wife live. Country and state. Laws vary from country to country.. and even state to state in some cases.

AK lawyer · Mar 8, 2011, 04:14 PM

Originally Posted by joypulv

... Probate without a will will take a long time. ...

Really? Why?

ScottGem · Mar 8, 2011, 04:16 PM

A quit claim or warranty deed is conveyed by the owner of the property to someone else, usually a buyer. Since the owner is deceased he can't convey the property. That's what probate is for. It creates an entity that will have the right to convey the property. So, there needs to be an executor appointed for the estate.

joypulv · Mar 9, 2011, 06:35 AM

I should have said probate without a will can take longer than the usual 3 - 6 months if the court is allowing time for next of kin to track down other next of kin.

AK lawyer · Mar 9, 2011, 09:55 AM

Originally Posted by joypulv

I should have said probate without a will can take longer than the usual 3 - 6 months if the court is allowing time for next of kin to track down other next of kin.

Ok. Thanks for the expanation.

But I wouldn't think that long a time would be a problem as far as OP is concerned. Paying the widow for her interest: that may be a problem.