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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35309
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I am my 91 yr old dad legal guardian. He has applied

Customer Question

Hi this is Raquel, I am my 91 yr old dad legal guardian. He has applied for a mortgage modification and they are telling him he needs a quit claim transfer deed. My mother is deceased and did not leave a will. What do I do now?
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No I haven't I wanted to know if it was something I could do where it wouldn't cost me so much.
JA: Is there anything else important you think the Real Estate Lawyer should know?
Customer: No I don't think so , just that in order for him to be approved for loan modification my needed to give up her rights to my dad. But she doesn't live anymore
JA: Our top Real Estate Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Real Estate Lawyer in on everything we've discussed. You can go back and forth with the Real Estate Lawyer until you're 100% satisfied. We guarantee it.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 8 months ago.

Good afternoon Raquel,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Is the property held (as written on the deed) as joint tenants by your father and deceased mother?

2. Are you saying they told you that your father needs a quit claim deed signed by his deceased wife? Seriously?

Doug

Customer: replied 8 months ago.
Basically yes. Or if my mom didn't leave s will does my dad have a document saying he's executor of the estate. Am I being charged every time you answer my question?
Expert:  LawTalk replied 8 months ago.

There is just the one charge for me responding to all of your questions.

Expert:  LawTalk replied 8 months ago.

Hi Raquel,

I'm sorry, but telling me "basically yes" doesn't answer the question. So I will explain it both ways.

If the deed was a joint tenancy deed, then your father just needs to get the death certificate and have a local attorney prepare a document so your father can claim the property as his individually.

If the property is not a joint tenancy deed then your father will have to file a probate action on your mom's death with the court and get the court to award him the property for his own and in his name alone. Being the Executor of the estate gives him no power over her things. It only gives him the right to act as the executor in the probate action and for that he will need an attorney to assist him.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

If you don't need a phone call and I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

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