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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15457
Experience:  15years with H & R Block. Divisional leader, Instructor
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after transfering property with a quitclaim deed is theorigenal

Customer Question

after transfering property with a quitclaim deed is theorigenal owner safe from state taxes or control.as with elderly transfering to children
Submitted: 5 years ago.
Category: Tax
Expert:  Robin D. replied 5 years ago.

Robin D :

Hello and thank you for using Just Answer,
A quitclaim deed conveys only that right, title or interest that the grantor has, or may have, in the property. It does not warrant that the grantor has any particular title or legal interest in the property. The deed must say "Quitclaim Deed" with specific language such as, "This deed is called a Quitclaim Deed. The Grantor makes no promises as to the ownership of title, but simply transfers whatever interest the Grantor has to the Grantee." An attorney or title company cannot imply that a deed is a Quitclaim Deed. Attorneys often transfer freehold interest in Quitclaim Deed format. Those transfers are taxable transactions for Realty Transfer fee purposes.

is theorigenal owner safe from state taxes or control
The ownership interest in the property would be changed but if the original owner still owed taxes on the property then they may still be collectible. Of course after the change of ownership interest the original owner would not be obligated.