Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My father passed away 2 years ago and his estate was set up in a trust. His home was left to myself, my sister and my brother. My question is can my brother and I just quit claim the home to my sister?
She lived with my father and has been living at the home since his death and paying for the upkeep.”
Question: Generally speaking, once property has passed to heirs it is theirs to do with as they please. So if the property is in the name of the three of you, you are free to sell it or give it away whenever you like. Be aware, however, that there may be significant tax impacts from giving a large gift of this type, so consult with your tax advisor first.
