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Hello, My Mother Passed away this May. She verbally told

Hello, My Mother Passed...
Hello, My Mother Passed away this May. She verbally told all her kids that she wanted to give me her home. Everyone is in agreement with this.(siblings) How do I go about getting the title of the home transferred into my name? It is a clear title. Thank you!
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Answered in 2 minutes by:
7/24/2013
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55,803
Experience: 29 years of experience practicing law, including tax and estate planning.
Verified
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. Could you help me with a bit more information so I can provide you complete and accurate information? Did your mother have a will? Did she have a surviving spouse? Thanks!
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Customer reply replied 4 years ago

No surviving spouse. My father passed about 20 years ago. The will that she did have was not updated with that information.

Thank you so much. The will that she had...as drafted, to whom would have been entitled to the house?
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Customer reply replied 4 years ago

It would have been sold and monies split between my sister, 2 brothers and I. However, that was drafted back in 1985. Since I became sick several years ago, I moved in with her and have lived with her for the past 15 years. In that time is when she decided that she wanted to leave the house to me. She asked each one of my siblings and they all agreed that it should be left to me. Just like she left her Blazer truck to one of my brothers we all agreed that he should have it.

Thank you! Ok....here's what needs to be done. Each of your siblings need to sign an Affidavit of Disclaimer of Inheritance with respect to their interest in the house. Then, the executor of the will needs to sign a quit claim deed on behalf of the estate transferring the house to you. The deed needs to be witnessed and notarized, and then recorded in the real property records of the city/county in which the property is located. Then, the house is yours! If you need a form for either the Affidavit or the Quit Claim Deed, let me know and I'll be happy to provide them for you!



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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55,803
Experience: 29 years of experience practicing law, including tax and estate planning.
Verified
Richard and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 4 years ago

Yes please if you could send me the forms that would be needed that would be wonderful. Thank you very much for your help!

You're welcome...it's my pleasure to help. I have provided the forms below....


STATE OF _______________ )
) QUIT-CLAIM DEED
COUNTY OF __________ )


KNOW ALL MEN BY THESE PRESENTS that ________________________., (hereinafter "Grantor") in consideration of the sum of One Dollar ($1.00) to the Grantor in hand paid at and before the sealing of these presents by _________________________________ (hereinafter called "Grantees"), the receipt of which is hereby acknowledged, has granted, conveyed, remised, released, and forever quit-claimed, and by these presents does grant, convey, remise, release and forever quit-claim unto Grantees, their heirs and assigns, all of its right, title and interest including any remainder interest, in the following described property:

[Property Description]


Together with all and singular the rights, hereditaments and appurtenances to said premises belonging or in anywise incident or appertaining; to have and to hold all and singular the premises before mentioned unto the Grantees, and the Grantees’ heirs and assigns forever, so that neither the said Grantor nor Grantor's successors and assigns, nor any other person or persons claiming under Grantor shall at any time hereafter by any way or means, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part or parcel thereof, forever.
WITNESS the Grantor's hand and seal this _____ day of ________________, 20__.


{Signatures appear on following page} 

Signed, sealed and delivered in the [Grantor Signature Block]
presence of the following witnesses:


_______________________________


_______________________________


STATE OF ________________ )
) A C K N O W L E D G M E N T
COUNTY OF ___________ )


Subscribed, sworn to and acknowledged before me by ____________________, Grantor, this ________ day of ____________________, 20__.


(L.S.)
Notary Public for _____________
My commission expires:







STATE OF _____________________)
___________ JUDICIAL DISTRICT : ss.
or COUNTY OF _________________)
AFFIDAVIT OF DISCLAIMER OF INTEREST BY HEIR
I, ________________________________, swear upon my oath or affirm under
(print full legal name)
penalty of perjury, that to the best of my knowledge, information and belief:
1. _________________________ (“Decedent”) died on ___________________,
as shown by the attached certified copy of the Decedent’s Death Certificate.
2. I am the legal heir and/or have been named as beneficiary of the estate of the decedent.
3. I am the ______ (relationship to Decedent)
and may have a present or prospective interest in estate of the decedent.
4. I hereby disclaim any and all interest in the estate of the decedent
I agree to defend, indemnify and hold all other heirs and/or beneficiaries harmless from any claims, demands, fees or expenses that result in any way from their reliance upon this Affidavit.
DATED at _________________________, on this ____ day of ___________, 20___.
(city, state)
AFFIANT:
Signature:______________________________________________
(sign full legal name in presence of notary public)
Name (please print):_______________________________
Address:_______________________________________
_______________________________________
Telephone No.:_________________________________
SUBSCRIBED AND SWORN TO OR AFFIRMED UPON PENALTY OF PERJURY before me, this _____ day of _________________, 20___.
______________________________________
Notary Public in and for _____________
My Commission Expires:________________

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Richard
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55,803
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Experience: 29 years of experience practicing law, including tax and estate planning.

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