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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 53976
Experience:  29 years of experience practicing law, including tax and estate planning.
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My aunt passed away and I received letters of testamentary

Customer Question

My aunt passed away and I received letters of testamentary from the court, I was listed as the executor in the will and she left her assets to me and my brother. She owned 25% of a house and I want to create a quitclaim deed to transfer the property to me an my brother.
my mother owned 25% of the same house and I have the quitclaim deed that was used to transfer her share to me and my brother. I want to adjust the quitclaim deed my mother used to transfer my aunts share of the property to me and my brother.
if my aunt was alive she would just change the name and address for the Party in the first part and the signature section. How do I update the quitclaim deed to transfer my aunts share to me and my brother?
Submitted: 1 month ago.
Category: Estate Law
Expert:  Richard replied 1 month ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 1 month ago.

You can use the same format. In it, as grantor, put "Your Aunt's Name, Deceased." And as Grantees you will put you and your brother's names to own the interest being transferred in equal undivided shares. You will sign it as follows:

Grantor: [Your Aunt's Name], Deceased

_________________________

By: [Your Name], Executor of the Estate of [Your Aunt's Name], Deceased

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 1 month ago.
this is how the current quitclaim deed is worded:BETWEENJane S. Doe, residing at***** Mahopac NY 10541
party of the first part, andCarl S Doe, residing at***** Mahopac NY 10541 and James C. Doe, residing at***** Mahopac NY 10541
party in the second partSignature(Last) Page:
IN WITNESS WHEREOF, the party of the first part had duly executed this deed the day and year first above written.IN THE PRESENCE OF:___(Signature)_____________ Jane S. DoeNotary Stamp and info is included below signature
Expert:  Richard replied 1 month ago.

Thanks. That's fine. :)

Customer: replied 1 month ago.
my aunts name is***** my name is***** and I am the executor and I have letters of testamentary.
Expert:  Richard replied 1 month ago.

You'll want to make it look like this:

Concetta Doe, Deceased, party of the first part, and

Carl S Doe, residing at***** Mahopac NY 10541 and James C. Doe, residing at***** Mahopac NY 10541
party in the second part

Signature(Last) Page:
IN WITNESS WHEREOF, the executor of the estate of the party of the first part had duly executed this deed on behalf of the deceased on the day and year first above written.

IN THE PRESENCE OF:

___(Signature)_____________ Jane S. Doe

Customer: replied 1 month ago.
how should I make the signature section look?
Expert:  Richard replied 1 month ago.

Concetta Doe, Deceased

_________________________

By: Carl S. Doe

Title: Executor of the Estate of Concetta Doe, Deceased

Customer: replied 1 month ago.
Do I sign on the line above Carl S. Doe?
Expert:  Richard replied 1 month ago.

Yes.

Expert:  Richard replied 1 month ago.

I just wanted to let you know that I will be away at a meeting for the next hour or so. Should you have a follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 1 month ago.
in the first part of the quitclaim deed I am using as a template is says:WITNESSETH, that the party of the first part, in consideration of ten dollars paid by the parties of the second part, does hereby remise, release and quitclaim unto the parties of the second part, their heirs or successors and assigns of the parties of the second part forever,In this version a share was sold for $10, I am updating this version to transfer the property via a will. How do I adjust the wording?
Expert:  Richard replied 1 month ago.

Good morning. You will want to put....."Pursuant to the terms of the Last Will and Testament of Concetta Doe, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ....."

Customer: replied 1 month ago.
should it look like this?WITNESSETH, that the party of the first part, pursuant to the terms of the Last Will and Testament of Concetta Doe, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release and quitclaim unto the parties of the second part, their heirs or successors and assigns of the parties of the second part forever,in consideration of ten dollars paid by the parties of the second part, does hereby remise, release and quitclaim unto the parties of the second part, their heirs or successors and assigns of the parties of the second part forever,
Expert:  Richard replied 1 month ago.

Perfect.

Expert:  Richard replied 1 month ago.

If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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