I realize this may not be the right forum and I apologize, but I couldnt figure out which one would be the right one.
My question is about a probate issue. It was a complicated issue getting probate done, were 4 on the deed, 2 passed away, one had 4 heirs. One of the four is administrator. We went to probate office after getting all renunciations signed and everything in order so the one heir of the deceased with 4 heirs, can take care of this mess. They also had everyone with an interest in the property (the heirs), sign a quit claim deed. So the 2 surviving owners on the deed, 3 of the 4 heirs (the 4th is getting the deeds in his name, hes also the administrator).
Heres the question. Does he have to record all the quit claims before he can sell the property? What if hes the administrator as well? This is my first time dealing with probate. If he doesnt need to record them all because probate (the estate) is legally able to sell it, then Id like to save him that cash. Thanks, and sorry if this is confusing
Nothin hu? Well I found out about the fiduciary deed, not sure how it skips the heirs yet tho, and since only 2 of the 4 original owners died, one living has filed a qc in administrators name already, and administrator has one to file from other living owner, thats where Im at now. Does he file the qc from owner thats living and just sign fiduciary deed to my buyer or what… oh the probate headaches are fun…
Probate is a nightmare with no aspirin. If the chain of title is not preserved, then you will have serious (and I mean serious) problems if and when you decide to sell. This happened to a property purchased by my family all because one of the daughters never signed off on the property.
You will either need every person that is on the title to sign off or they will need to record every quit claim deed and then transfer the property in the name of who is left on the title.
Before closing, I would definitely have a title company insure the property.
With our company, this is the most emotional-draining case we handled for the past two years. Take it from me, it’s such a pity to see those people who are probating and quit-claiming.
A probate is a court proceeding where the probate court essentially steps into the shoes of the deceased person, gathers up the assets in that person’s estate, and then distributes those assets to the persons who are supposed to receive them. Different rules apply to a person’s probate, depending on the level of planning a person engaged in prior to death. Check with an attorney.