How do I use a quit claim deed to inherit my mother’s property?
My mother is deceased, and in her trust, it stipulates that her property goes to me. Can I proceed with a quit claim deed?
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You could use either a quit claim deed or a warranty deed to transfer the property. The only risk of a quit claim is that it transfers any liens and burdens with it. A quit claim can sometimes be something that title companies don't prefer. So if you were going to sell immediately, that could be an issue. If you plan to hold it, that usually won't cause a problem. You can complete the deed, and it would then need to be notarized and filed in the county recorder's office.
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My mother is deceased, and in her trust, it stipulates that her property goes to me. Can I proceed with a quit claim deed?
Lexi, Chatbot
I'm sorry to hear about the loss of your mother. Can you confirm if you are named as the beneficiary in the trust document?
Yes.
Lexi, Chatbot
Have you already obtained a copy of the trust document and reviewed it to understand the specific instructions regarding the property transfer?
Yes.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
No.
Elizabeth
Hi there! Welcome to AskaLawyer. My name is Liz, and I’ve been an attorney for more than a decade. I am here to assist with your concerns. First, I'm so sorry for your loss. So I can best help, are you the trustee of the trust?
Yes.
Elizabeth
Thank you for sharing that. Are there any other beneficiaries?
No.
Elizabeth
Understood. Is the home the only asset in the trust?
No.
Elizabeth
Thank you for clarifying. Is the home paid off?
Yes.
Elizabeth
Understood. If the trust allows for the immediate transfer, you could proceed as the trustee in creating the new deed.
The trust does allow for immediate transfer. Does a quit claim deed manage to do this?
Elizabeth
A quit claim does transfer, although if the home has no liens or burdens, you could also use a warranty deed.
There are no liens or burdens. Which one would you suggest? I just filled out a quit claim deed.
Elizabeth
You could use either a quit claim deed or a warranty deed to transfer the property. The only risk of a quit claim is that it transfers any liens and burdens with it. A quit claim can sometimes be something that title companies don't prefer. So if you were going to sell immediately, that could be an issue. If you plan to hold it, that usually won't cause a problem. You can complete the deed, and it would then need to be notarized and filed in the county recorder's office.
Okay, thanks. I will proceed with the quit claim deed.
Elizabeth
Perfect. Is there anything else I can clarify?
No, you've been a big help. Thank you.
Elizabeth
You're very welcome. Don't hesitate to reach out whenever you need assistance!
Elizabeth
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