Can I quit claim property to someone even if the title is not clear?
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Can I quit claim property to someone even if the title is not clear?
I was quit claimed fl property after my mother’s passing. The deed had my grandmother and grandfather’s names on it as well, all of whom are now deceased, so I am the only living person on the deed. However, my
grandparents’ names remain. I cannot afford to put it through probate to solve the issue. Can I legally quit claim it to someone else for a sum and let them put it through probate and apply for quite title themselves?
Asked on October 11, 2019 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can quit claim YOUR interest in the property (the only interest you have at present, since the estate did not go through probate) to another person IF you fully (in writing, signed by them that they received it, so you can prove this) disclose to them the title issues. If they choose to purchase your interests (what you will quitclaim) with full knowledge of the challenges, hoping to deal with it later, that is their choice. But you most be 100% clear as to what they getting and what the challenges are; if you fail to disclose properly, you will have committed fraud.
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