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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22406
Experience:  14 years real estate, Realtor. Landlord 24+ years
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I am one of three names on property that was left to us by

Resolved Question:

I am one of three names on property that was left to us by my brother who passed away a few years ago....Whats the best way to deed my interest away to my nephew, who's name appears on the quit claim deed along with my deceased niece.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.
Hello and welcome! My name is XXXXX XXXXX X will try my level best to help with your situation or get you to someone who can.
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Is the property currently listed on the deed as being in your name, nephew's name, and deceased niece's name?
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Or is it still in brother's estate?
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Thanks
Barrister
Customer: replied 9 months ago.


its listed in my name, deceased niece and nephew

Expert:  Barrister replied 9 months ago.
Ok, at this point, you can simply execute a quitclaim deed from you as grantor over to nephew as grantee. Once you sign the deed and have it notarized, he can record it at the local county clerk/land records office where the property is located and that would complete the transfer.
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You would need to have a quitclaim deed drafted by a local real estate attorney or a title/closing company. I would suggest a title or closing company as they will be faster and cheaper, probably $100 or so. They can also help with getting it signed, notarized and recorded for you for a small fee.
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Thanks
Barrister
Customer: replied 9 months ago.


thanks this is helpful!!


 

Expert:  Barrister replied 9 months ago.
You are very welcome. Glad I was able to help.
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Thanks
Barrister
Customer: replied 9 months ago.


one more question...do I need to show death certificate of deceased niece?


 

Expert:  Barrister replied 9 months ago.
No, this wouldn't affect her interest, or rather her heirs. Let me make sure that you understand that the quitclaim deed will only transfer your interest to nephew. The deceased niece's estate will still own 1/3 of the property. Nephew will own 2/3 once you deed over your share to him.
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Someone would have to file a probate case to settle the deceased niece's estate and her 1/3 would then transfer to whoever her will stated or to her heirs at law if she had not will.
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So nephew won't own the property solely after you transfer your interest to him..
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Thanks
Barrister
Customer: replied 9 months ago.


thats fline...i just need to have my name taken off and give my portion to him...how long does this process usually take?


 

Expert:  Barrister replied 9 months ago.
Well, to draft the deed, a couple days, maybe less if you find a title or closing company that isn't very busy. It will go quicker if you have a copy of the current deed to give them, maybe even just a day.
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Then once you have it executed and filed, maybe a day or two for recording.
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Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22406
Experience: 14 years real estate, Realtor. Landlord 24+ years
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