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Mother passed away 5/16/2016. I am exec. and also was left…

Customer Question
Mother passed away 5/16/2016...

Mother passed away 5/16/2016. I am exec. and also was left her home by way of her will. I retained the property and probate is done. I want to refy home but bank wants quit claim deed. How do I do this post death.

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

VA

Lawyer's Assistant: Has any paperwork been filed?

All probate papers etc. completed and fees paid to court and commissioner of accounts

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

Not off hand

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 8 minutes by:
11/28/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,957
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

When you went to probate did you include the home in the probate, since even though it was left to you in the will it was supposed to be in the probate so the judge could order the deed changed into your name. If you did not have the house included in the probate you need to file to open supplemental probate and file the will and include the home. If the home was included in the probate, then the deed should have been changed in probate and your name should have been placed on the deed in the property records and you need to contact the property clerk about that.

You cannot do a quit claim, she is dead. The deed change has to be done by an order from the probate court to the property records clerk.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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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