Can I obtain a deed for quit claim deeds signed and given to me by family?
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Can I obtain a deed for quit claim deeds signed and given to me by family?
My grandmother passed away 3 years ago and in her Will the estate was left in equal parts to her 5 children. The Will has not been probated. 3 of the 5 children/hiers have given me a quit claim deed for their portion of the house and land. What do I need to do in order to get the deed transferred to my name? Do I need a quit claim deed from the other 2 hiers? Is it possible to obtain a home improvement/home equity loan to make repairs to the home?
Asked on August 29, 2012 under Real Estate Law, Texas
Answers:
David L. Leon / David L. Leon, P.C.
Answered 12 years ago | Contributor
Why are you using quitclaims? Those are release documents, not transfers. You're basically clouding title to the house. You will not be able to get a loan on the house with clouded title. Probate grandma's will, and have the heirs provide you with deeds that a title company will accept. I strongly encourage you to hire a probate lawyer. This is not a DIY project. By the way, you only have four years from grandma's death to probate that will.
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