how can i get my moms house in my name

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how can i get my moms house in my name

My mother just recently died. she had a grant deed that is notarized giving me her home along with a notarized statement. it was not recorded. She was also married at the time of her death but he is in prison. he gets out in 10 months. he signed a quitclaim deed stating he has no interest in the house but i cant find the original. do you think that he can contest the property when he gets out? how do i go about getting the property. the loan company says all i have to do is refinance and i will get a grant deed for the property.

Asked on June 30, 2009 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

I am not admitted in California.  Was the quitclaim deed notarized and filed?  You say that you can't find the original but do you have a copy?  Quitclaim deeds transfer claims or potential claims on the property but if you can not find the original you are looking at potential problems.  I think that he can indeed make a stink.  I think that you need to seek legal help as soon as possible.  You need to see what is on the original deed and how the property is held, what has been filed, have the attorney look at the copy of the quitclaim and the grant deed and notarized statement and let you know where you stand.  

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

This is a house, it's worth spending a few dollars on an attorney to make sure you have all the bases covered here.  I'd be reasonably sure that if you can get the refinance approved, you can get enough to cover the closing costs and the attorney's fees as well.  A mistake could be very, very expensive.  One place to find a qualified lawyer is our website, http://attorneypages.com

The loan company's opinion is reassuring.  But I'd want a lawyer's review of the facts, and attention to the details, on something like this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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