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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 34069
Experience:  12+ yrs. of experience including estate law.
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In 2010, my mother passed and left me and my brother two

Customer Question

In 2010, my mother passed and left me and my brother two houses in her will. The estate is still in probate. My brother owes the state money; can he do a quit claim deed and sign the properties over to me?
Submitted: 1 year ago.
Category: Estate Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

He could...that is, if the title has already gone through probate and title is in his name, he could convey that property to you.

HOWEVER that is not the best way to approach this...since that transfer could trigger a gift tax to your brother.

But the better way to approach this would be BEFORE the property transfers through probate, have your brother give up his share of the inheritance...allow it to go back to the estate (and therefore, to you). This would avoid any gift tax on his part.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.