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Your mother used a quitclaim deed to sell property and fathers deceased what about the kids?
Wandahall
My father is deceased my mother used quitclaim deed to sell property what about the kids do fathers interest pass to kids
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∙ 14y ago
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Can your mother remove you from your fathers will he is deceased.?
No go see a lawyer.
Do you have to pay capital gains tax on your deceased fathers house when you sell?
Do you have to pay taxes on deceased mother's house when it sells
What are a biologicial fathers rights to child if mother is deceased?
None until granted them by a court. see links
Can the mother of a deceased sell personal property belonging to his spouse before the 40 days?
I don't know the law in the US but I am sure that the mother of a deceased person could NEVER sell the property of his spouse (widow?) or even the deceased's property as the spouse (widow) would be next of kin and even if there was not a will the law has rules about this kind of thing Lock the woman out.
Can you evict a stepmother if the property was given to you by a quitclaim deed through a father?
Maybe, but the law protects the rights of spouses. Your step-mother may have a life estate in the property. You will need to consult a probate attorney and the will to determine what her rights are.
If a property is owned by the daughter and the deceased mother is that considered the deceased estate?
The rights in the real property are a part of the estate. If the property was owned with rights of survivorship, the daughter may claim title without going through probate. Consult an attorney who does probate work in your jurisdiciton.
If mother is deceased and father is alive but property was in mother's name do adult children have a claim to it?
If the property was in your mother's name alone and she died intestate the property would pass according to the laws of intestacy in your state. The children may be entitled to a portion. You can check your state at the link below.
Property distribution of intesteste mother having 3 children but one died having 5 children?
The five children of the deceased child would inherit the deceased child's share of the mother's estate, unless the mother's will says other. For example, if the mother's estate is to be equally divided amongst her 3 children, then one-third of the mother's estate is split amongst the five grandchildren of the deceased child.
Does biological children have rights to deceased fathers assetts if the step mother is power of attorney?
The power of attorney expired on his death. In most cases the spouse gets the estate if there is no will.
Your mother was on title to a house with your daughter. Mother signed a quit claim to you. If your mother passes away can the property be tied up in her probate?
According to your question, your mother and your daughter owned property together. That deed should be recorded in the land records. If they owned as joint tenants with the right of survivorship, when your mother dies her interest in the property would pass automatically to your daughter and bypass probate. If your mother signed a quitclaim deed that conveyed her interest to you, that deed must be recorded in the land records. By executing that deed, she broke the joint tenancy she had with your daughter and now you and your daughter own the property as tenants in common. Your mother no longer owns the property and it would not be included in her probate estate.
Can your mother Quitclaim her house to you if there is a judgment lien against the property?
No. The property cannot be transferred, sold nor refinanced until the judgment lien is paid/settled or the judgment holder consents to the act. In California, we see people do it all the time. They file a Quit Claim, and transfer title to the property to someone else. They do not realize, however, that the lien is still on the property. So, if your mother quit claims her house to you, when YOU go to sell it, you will have to pay your mother's judgment. Or, the judgment holder may come after the property with a Quiet Title action. When they prevail with that, then they will do an action to partition the property, and it will be sold.
If you are the only heir and your mother dies in South Carolina with the house in both your names what do you do?
Generally the deceased share of the property will automatically pass to the surviving owners. The status of the property would however, depend upon the wording of the property deed.
