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Answered 2007-02-19 23:57:27

You can have a will made out are they can make you power of attorney. States establish laws on how real property can be protected from creditor attachment and exempted from probate procedure. Depending on the laws of the state in which the property is located a married couple should make the choice of titling property in the way that is most advantageous to their personal circumstances. Generally the first choice would be "Tenancy By The Entirety" (TBE), second choice "Joint Tenants With Rights Of Survivorship" (JTWRS), third choice "Joint Tenants" (JT). Under such circumstances as cited in the question a Quitclaim Deed should never be used.

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Answered 2018-01-31 23:23:24

Drafting a new deed would be a rather simple procedure. You should consult an attorney who specializes in real estate law in your area. She can review your situation and explain your options. Deeds should always be drafted by a professional. Errors made by non-professionals can be costly to correct if they can be corrected.

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