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I would like to put together a quick claim deed transferring…

Customer Question
I would like to...

I would like to put together a quick claim deed transferring 50% ownership in a property to my brother. My Mother who is deceased, is on the deed with me now. We want to refinance the home, that my brother is residing in, but have been told that he needs to be on the deed or it is considered a sale instead of a refinance. I want to maintain my 50% ownership and want it titled as Joint tenants with right of survivorship, in addition. There are no forms online, that I can find that do this. What do you advise? Maureen

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Maryland

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, unless they have questions

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
9/20/2017
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 10 months ago
Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,453
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Real Estate Lawyer: Gerald-Esquire, Lawyer replied 10 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

All you need to do is modify an existing "Quit Claim" deed form to accomplish what you want to do.

But you may need to take care of a few thins as well. You state that your deceased mother is listed on the deed. So you need to transfer her interest through the probate process. If you have not already been designated as her personal representative you need to take care of the. Go to the probate court with her death certificate (and Will if there is one) and apply for Letters of Testamentary that will allow you to act as the personal representative of your Mother's estate.

Another option for you is to contract with a settlement company to prepare the documents. They are not that expensive and you can have them prepare a full warranty Deed. It may be a lot easier for you to do that.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Real Estate Lawyer: Gerald-Esquire, Lawyer replied 10 months ago

Below is a sample form that you can modify for your needs:

As for the Quit Claim: You and your mother's estate will be the Grantors. You and your brother will be the Grantees.

This Quitclaim Deed is made on ___________________, 20____, between __________________________, GRANTORs,

address: __________________________________________.

and _________________________________________, GRANTEEs,

address: __________________________________________.

For valuable consideration, the GRANTORS hereby quitclaims and transfers the following described real
estate to the grantees to have and hold forever as Joint tenants with right of survivorship , located at _______________________________________,
City of _________________________, State of _____________________________, and described as follows:

Description of property___________________________________________

Dated: ___________, 20________________________

_________________________________ ______________________________________
Signature of GRANTOR Printed Name of GRANTOR

State of _____________________
County of ____________________

On ____________________ , 20 ______ , _____________________________ personally came
before me and, being duly sworn, did state that he or she is the person described in the above document
and that he or she signed the above document in my presence.

______________________________
Signature of Notary Public

Notary Public, In and for the County of ____________________
State of ____________________

My commission expires: __________________

Notary Seal

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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