Can a sibling quitclaim his inherited interest {50%) in real property to other sibling before probate?
by admin ~ February 25th, 2006 . Filed under: Law & Ethics .
BPB asked:
My brother and I came to an agreement and he is willing to sign over his rights to our family home and I will take full ownership of it. Can he do so by signing a quit claim deed? There hasnt been a probate hearing yet and was wondering if this can be done before hand to simplify and speed up process.
Amanda Erwin
My brother and I came to an agreement and he is willing to sign over his rights to our family home and I will take full ownership of it. Can he do so by signing a quit claim deed? There hasnt been a probate hearing yet and was wondering if this can be done before hand to simplify and speed up process.
Amanda Erwin
February 26th, 2006 at 4:59 pm
He can’t execute a quitclaim unless he was on the deed in the first place. If he was a joint tenant or a tenant-in-common on the fdeed to the property, then a quitclaim gives up any interest he has in the property. But if it’s family property that is passing to the two of you, he can’t execute a quitclaim until he has a deeded interest in the property.
March 1st, 2006 at 7:12 am
Simple answer is that you cannot give away what you don’t yet own. He has to wait until he actually has ownership.