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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33761
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My father-in-law died a couple of years ago. He had a will

Customer Question

My father-in-law died a couple of years ago. He had a will and my sister-in-law is the executor of his estate. He had a tri-plex that was left to 2 children - my husband and his sister who is the executor. The amount owned on the property is greater than the value of the property. My sister-in-law has asked if we would be willing to quick deed the property to her. We are willing but she has not probated the will. Are we able to quick deed the property to her since the will is not probated. She lives in Georgia and my father-in-law was with her the last year of his life. We live in Florida and the property in question is in Florida.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Are we able to quick deed the property to her since the will is not probated.

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Yes, you can execute a "quit claim" deed over to her, but that only conveys what husband owns...and at this point that is nothing because the estate owns the property since she hasn't probated the will and settled the estate. A quitclaim deed basically says "Whatever I own, be it 0% or 100%, I am transferring, but I make no guarantees or warranties about the title".

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So if husband wants to sign a quitclaim deed, there is no harm in doing so. It might give sister in law a way to then negotiate with the bank to see if she could settle the mortgage for less than is actually owed.

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thanks

Barrister

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