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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34360
Experience:  16 years real estate, Realtor. Landlord 26 years
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My father, who just recently passed away, signed a quit claim

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My father, who just recently passed away, signed a quit claim deed including myself and my sister. In order to take care of my father, I haven't been able to work full-time and have been living in the house with my father for the past six years My sister wants to sell the house within six months because she "wants her inheritance". However, I would like to stay in the house while I obtain employment and eventually buy my sister's half out.
My question is: Can she change her will to include her half of the house as property to give to her daughter? I thought that when one person on the deed died the other(s)were next to "inherit." Thanks
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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My question is: Can she change her will to include her half of the house as property to give to her daughter? I thought that when one person on the deed died the other(s)were next to "inherit."
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It depends. Let me explain. She can transfer her interest to anyone she wants to by executing a new quitclaim deed from her to the grantee she wants to give the property to.
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You are thinking about a deed that is taken "in joint tenancy with right of survivorship" (JTWROS). In this type of deed, when one owner dies, their interest extinguishes and the surviving owner becomes the sole owner. But an owner under a JTWROS deed can quitclaim deed their interest to someone else and that terminates the JTWROS designation and converts it into a "tenants in common" (TIC) deed. In a TIC deed, each individual owner's ownership percentage would then pass down to their heirs.
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So the answer to your question would depend on what the quitclaim deed that you received stated. If it states it is JTWROS, if she passed before she deeded it to someone else, then her interest would automatically extinguish and you would become sole owner if you survived her. If it is a TIC deed, then her half would descend according to her will to whoever she designated.
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To know for sure, you need to check out the quitclaim deed to see what language it uses.
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Thanks
Barrister
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