Can I Quit Claim my Property to my Daughter even Though my Deceased Husband’s Name is on the Deed?
|
Summary
My deceased husband is still listed on my property ownership, I do not have a mortgage, It is fully paid off. I want to quit claim my house to my daughter so when I die the Property will be hers. Can I do that without his name being mentioned on the quit claim deed? |
“My deceased husband is still listed on my property ownership, I do not have a mortgage, It is fully paid off. I want to quit claim my house to my daughter so when I die the Property will be hers. Can I do that without his name being mentioned on the quit claim deed?”
You probably cannot do this directly. However, some states have an abbreviated procedure for transferring property between spouses, without having to open a full-blown probate. You should consult with a probate attorney to see if this is available in your case.
Once the property is in your name, of course, you can do with it what you like. However, you should be aware that transferring the property during your lifetime may have unwanted tax consequences. Depending on your situation, you may be better off giving it to your daughter by will or trust.
|
Get notified whenever ANY new article is posted to DearEsq!:
*We NEVER share your email address with anybody! |
After Filing a Quitclaim with the County it was Returned Indicating they Needed More Detailed Information, Is the Quit Claim Valid?
Do We Need a Lawyer to Do a Quick Deed (Quit Claim Deed)?
How do I Add my Wife’s Name to my Deed of Trust?
For more on this subject check out these categories: Property, Wills, Trust & Estate Planning
A house attorney has answered this question. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
