My Father Left my Siblings and I his Home, Can I Quit Claim the Home to my Sister?

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“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?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

She lived with my father and has been living at the home since his death and paying for the upkeep.”

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.



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Author: House Attorney

A house attorney has answered this question.

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