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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 15762
Experience:  Licensed Texas General Practice Attorney
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My Aunt died in 2013 in Florida. We, my mother, sister and

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My Aunt died in 2013 in Florida. We, my mother, sister and myself are her only living relatives, we live in Australia. On about 3 September 2015 my mother received a letter from the banks attorneys requesting us to sign a "Quit Claim Deed" the letter was dated 31 July 2015. What is a Quit Claim Deed?, How does this affect us if we sign it and how does this affect us if we do not sign it?
Submitted: 1 year ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. A quitclaim deem does not mean that you'll be responsible for any of the debt. You don't have any obligation to sign the quitclaim deed, but ultimately you may or may not. Basically IF you sign a quitclaim deed, you're saying that IF you have any interest in the property at all (by virtue of being heirs to her estate) you're giving it up to them. You're not saying that you actually do have an ownership interest, but to the extent that you do, if you do, you're giving it up to the bank.

If you don't sign this, they would need to do what's known as an "in rem" legal action. "In rem" means pertaining solely to the property. Essentially it's where they bring a lawsuit against any potential owner of the property or anyone that might have an ownership interest by virtue of being legal heirs. Again, they're not seeking that you would be responsible for any of the debt. The maximum that you could be responsible for would be your interest, if any, in the property itself.

In short, I don't see any issues with you signing the quitclaim deed, as it keeps your name off of public records in a lawsuit. But you also have no obligation to sign it, and IF you don't sign it, you're not going to be any more or less liable for any of her debts.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

I see that you still have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

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