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Posted: 9/4/2015 7:09:50 PM EDT
My mom is 77 years old.

My parents have been divorced since like 1973 or 1974.

I don't have any other living siblings.  My mom is in the hospital.

I am worried about probate...the state taking my mom's house after her death.

I have heard  that it is possible to do a quick claim deed to get my name on the house.

I'm really tired right now and in a bit of a brain fog.

Does anyone here know if this quick claim deed has to be signed before her death?

Thanks in advance.
Link Posted: 9/4/2015 7:13:20 PM EDT
i think you mean quitclaim, but i have no advice to give.
Link Posted: 9/4/2015 7:13:30 PM EDT
It's called a quit claim deed.  You should bring a notary when she signs.  Then file it with the recorder's office immediately.  Get it out of her estate.
Link Posted: 9/4/2015 7:14:07 PM EDT
Quit claim.

It has to be processed before her death including signature, notary etc.

Consult someone who knows real estate professionally and that you trust, or a lawyer in the field to be sure of the implications to your tax situation and otherwise.
Link Posted: 9/4/2015 7:14:31 PM EDT
Consult family law attorney to get the correct move here.
Link Posted: 9/4/2015 7:14:32 PM EDT
I think you're speaking of a QUIT claim deed...

If so, they are quick.

Check wit local legal council to ensure all the T's are crossed properly.
Link Posted: 9/4/2015 7:15:05 PM EDT
As I understand, a quit (not quick) claim deed must be signed by the owner of the real property.  After death, there is no way for that person to sign.  

You really need to speak with a real estate attorney in your state to find out how to go about this while she is in the hospital.
Link Posted: 9/4/2015 7:15:29 PM EDT
Originally Posted By WeimaranerDad:
My mom is 77 years old.

My parents have been divorced since like 1973 or 1974.

I don't have any other living siblings.  My mom is in the hospital.

I am worried about probate...the state taking my mom's house after her death.

I have heard  that it is possible to do a quick claim deed to get my name on the house.

I'm really tired right now and in a bit of a brain fog.

Does anyone here know if this quick claim deed has to be signed before her death?

Thanks in advance.
View Quote



  Call a real estate attorney ASAP.
Laws vary state to state and trust me know one here will be able to give you a answer.  
AR15.com is full of opinion. Some is right some wrong but none should take the place of proper legal advise.

   Does she have a will?   If not I'd be worried  
Link Posted: 9/4/2015 7:17:16 PM EDT
[Last Edit: 9/4/2015 7:18:29 PM EDT by underdogII]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By -Apocalypto-:
Consult family law attorney to get the correct move here.
View Quote


Yes this.  Even if you quit claim back govt can claw it back if medical bills need paying.

eta: Spending down is the procedure what ever it is for old folks dying.
Link Posted: 9/4/2015 7:17:47 PM EDT
[Last Edit: 9/4/2015 7:19:17 PM EDT by TarzanT]
If there are other beneficiaries on the will consider an irrevocable trust if there is time. Put the property into the trust along with any other assets.  

Again, find a family law specialist ASAP!



ETA: removed siblings...
Link Posted: 9/4/2015 7:46:59 PM EDT
My mother died last Monday and her affairs are  mess.  The strain that it is putting on me is horrible.  She never probated the estate when my father died and both names are on the deed.  I have to do two probates.  She never took my father's name off of her insurance as the beneficiary and I am having to come up with cash for everything.  If I were you, I would see an attorney while she is still alive.  Combining all of the pressures that occur when a loved one dies with financial problems is just too much of a burden.  Looking at things from my perspective, a lawyer would have been a good investment for her to have made.
Link Posted: 9/4/2015 7:49:12 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By ArimoDave:
-----  After death, there is no way for that person to sign.  

-----.
View Quote


Unless they are a democrat






Link Posted: 9/4/2015 8:18:11 PM EDT
In my state the state can still take it against debt owed by the estate for 14 years IIRC.  Used to be seven.
Link Posted: 9/4/2015 8:27:15 PM EDT
Lol,   "free"  legal advice on the Internet.  

Why in God's name do people insist on doing this?  

Call a fucking lawyer for real legal advice.   The little you spend will up front will pale in  comparison to what you will spend  doing it wrong.  

Link Posted: 9/4/2015 8:29:22 PM EDT
Do not listen to the posters who are telling you to quitclaim the property straight away. There are potential tax implications that you may want to consider. Talk to an attorney that handles real estate or estates. Either should be fine.

Here's an additional nickel's worth of free advice: if the people responding don't even know that quitclaim is one word, they should be ignored outright, because they have no idea what the fuck they are talking about.  

<-----attorney who specializes in real property
Link Posted: 9/4/2015 8:29:36 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By 41Fan:
My mother died last Monday and her affairs are  mess.  The strain that it is putting on me is horrible.  She never probated the estate when my father died and both names are on the deed.  I have to do two probates.  She never took my father's name off of her insurance as the beneficiary and I am having to come up with cash for everything.  If I were you, I would see an attorney while she is still alive.  Combining all of the pressures that occur when a loved one dies with financial problems is just too much of a burden.  Looking at things from my perspective, a lawyer would have been a good investment for her to have made.
View Quote



Ahhh...jeeshh...I am sorry to hear that.  My thoughts and condolences are with you.    

I have a little bit of experience with this becausw my sister died from cancer in November 2006.

We had an estates attorney make a house call in October of 2006 to put together a will for my sister (while she still had it kinda together upstairs and wasn't feeling the effects of the oxycontin/morphine).

My sister had a trust set up, and willed the house to the trust.  She asked me to be the executor/trustee/power of attorney for her.

In talking with my mom the other day, I asked her about life insurance.  She retired 10 years ago.  She said to me, "I never thought I would live this long!"

Link Posted: 9/4/2015 8:32:28 PM EDT
Thank you all for the advice.

Hopefully, things will turn around health-wise for her.

I will most likely contact the lawyer who did my sister's estate, on Tuesday.
Link Posted: 9/4/2015 8:42:56 PM EDT
Look into a joint tenancy deed



My mother signed one before she died




It will need to be witnessed and notorized and then filed at the county treasurers office.






Link Posted: 9/4/2015 8:47:36 PM EDT
Create a living trust... consult your atty for details.
Link Posted: 9/4/2015 8:51:44 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By -Apocalypto-:
Consult family law attorney to get the correct move here.
View Quote

Link Posted: 9/4/2015 8:54:15 PM EDT
Get legal items worked out ASAP. Nursing home will take everything if it comes to that.
Link Posted: 9/4/2015 8:56:32 PM EDT
my dad signed his 50% interest in their house to my mom with  a quit claim deed

but had a lawyer do it
Link Posted: 9/4/2015 8:58:04 PM EDT
[Last Edit: 9/4/2015 8:58:49 PM EDT by KwaiChangCaine]
A quit claim removes someone, it can't add or change it to you.  ETA:  Hence the name, someone quits their claim to the property.
Link Posted: 9/4/2015 8:59:40 PM EDT
[Last Edit: 9/4/2015 9:00:27 PM EDT by tcrpe]
"Quick Claim"?

What fucking moron gave you that advice?

Do yourself a favor and hire a fucking lawyer.
Link Posted: 9/4/2015 9:00:45 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By mc556:



  Call a real estate attorney ASAP.
Laws vary state to state and trust me know one here will be able to give you a answer.  
AR15.com is full of opinion. Some is right some wrong but none should take the place of proper legal advise.

   Does she have a will?   If not I'd be worried  
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By mc556:
Originally Posted By WeimaranerDad:
My mom is 77 years old.

My parents have been divorced since like 1973 or 1974.

I don't have any other living siblings.  My mom is in the hospital.

I am worried about probate...the state taking my mom's house after her death.

I have heard  that it is possible to do a quick claim deed to get my name on the house.

I'm really tired right now and in a bit of a brain fog.

Does anyone here know if this quick claim deed has to be signed before her death?

Thanks in advance.



  Call a real estate attorney ASAP.
Laws vary state to state and trust me know one here will be able to give you a answer.  
AR15.com is full of opinion. Some is right some wrong but none should take the place of proper legal advise.

   Does she have a will?   If not I'd be worried  




Even WITH a will, a quit-claim deed will move ownership to you regardless of the will.

Link Posted: 9/4/2015 9:02:42 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By magnum_99:
Lol,   "free"  legal advice on the Internet.  


View Quote



No fucking shit.

Huh, huh, herp derp, I'm gonna get me a Quick Claim deed.  Fucking Morans.
Link Posted: 9/4/2015 9:08:38 PM EDT
Look into a joint tenancy deed
View Quote


This. Joint tenancy with right of survivorship. Forget the quitclaim deed.

A quitclaim is for when there are already multiple owners (or alleged owners), and you want to get the excess parties out of the picture.

Consult a real lawyer, not the "Internet gurus."
Link Posted: 9/4/2015 9:17:58 PM EDT
[Last Edit: 9/4/2015 9:18:46 PM EDT by AlexanderA]
Even WITH a will, a quit-claim deed will move ownership to you regardless of the will.
View Quote


Are you serious?!! All a quitclaim does is remove the party executing the instrument. It does not transfer ownership to another party who is currently a non-owner.

If a sole owner executes a quitclaim, it puts the property in limbo, and other parties, such as previous owners, can come in and lay claim to it. This is a classic "cloud on title."
Link Posted: 9/4/2015 9:20:45 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By mc556:



  Call a real estate attorney ASAP.
Laws vary state to state and trust me know one here will be able to give you a answer.  
AR15.com is full of opinion. Some is right some wrong but none should take the place of proper legal advise.

   Does she have a will?   If not I'd be worried  
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By mc556:
Originally Posted By WeimaranerDad:
My mom is 77 years old.

My parents have been divorced since like 1973 or 1974.

I don't have any other living siblings.  My mom is in the hospital.

I am worried about probate...the state taking my mom's house after her death.

I have heard  that it is possible to do a quick claim deed to get my name on the house.

I'm really tired right now and in a bit of a brain fog.

Does anyone here know if this quick claim deed has to be signed before her death?

Thanks in advance.



  Call a real estate attorney ASAP.
Laws vary state to state and trust me know one here will be able to give you a answer.  
AR15.com is full of opinion. Some is right some wrong but none should take the place of proper legal advise.

   Does she have a will?   If not I'd be worried  


I prepare deeds for a living so I kinda can.

You don't need an attorney but you certainly can go that route for a deed. Basically what you would do is get added to title as joint tenants with right of survivorship via a Quitclaim deed. In Illinois you will be exempt from transfer tax if the consideration is less than $100 so all you have to do is pay for is the deed prep and the recording fees. To give you an idea of what to expect for cost I think our retail side charges $200 for the deed preparation or $250 for the deed and for us to record it for you. That doesn't include the actual recording fees though as that varies on a case by case basis. No idea what to expect on that front in Illinois but I would think it would be less than $50. Keep in mind I don't work on the retail side so I don't have exact figures on what we currently charge but this should give you a ballpark of what to look for. There are also different prices for various turnaround times. If you need it in 1 day that costs more than needing it in 2 weeks so expect that when shopping around. No idea what the turn around time is for the numbers I mentioned but I think that is for their slowest turnaround time which is like 2 or 3 weeks.

You will need her to sign the deed in front of a notary. Illinois has a few forms that get signed and notarized to be recorded with the deed as well. Different counties require different forms in IL. I don't know off the top of my head what Illinois requires to remove a deceased joint tenant from title but I believe you need an Affidavit of Death of Joint Tenant which gets prepared and recorded just like the deed. On my side we usually prepare a Quitclaim deed along with the Affidavit so there is a clear chain of title so don't be surprised if the attorney or deed preparer suggests this and you end up being charged for each document. My understanding is that it isn't always necessary to do the deed with the Affidavit but it is a good practice.

Good luck man. I hope your mom gets better.
Link Posted: 9/4/2015 9:27:44 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By KwaiChangCaine:
A quit claim removes someone, it can't add or change it to you.  ETA:  Hence the name, someone quits their claim to the property.
View Quote


Incorrect. You can add and remove people with a Quitclaim Deed. A Quitclaim Deed is basically a deed that transfers property without dealing with the possibility of liens on a property. When you buy a property you want a Warranty Deed that states that there are no open liens on the property. This gives you legal recourse whereas a Quitclaim Deed does not.
Link Posted: 9/4/2015 9:48:47 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By AndrewS:


Incorrect. You can add and remove people with a Quitclaim Deed. A Quitclaim Deed is basically a deed that transfers property without dealing with the possibility of liens on a property. When you buy a property you want a Warranty Deed that states that there are no open liens on the property. This gives you legal recourse whereas a Quitclaim Deed does not.
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Originally Posted By AndrewS:
Originally Posted By KwaiChangCaine:
A quit claim removes someone, it can't add or change it to you.  ETA:  Hence the name, someone quits their claim to the property.


Incorrect. You can add and remove people with a Quitclaim Deed. A Quitclaim Deed is basically a deed that transfers property without dealing with the possibility of liens on a property. When you buy a property you want a Warranty Deed that states that there are no open liens on the property. This gives you legal recourse whereas a Quitclaim Deed does not.


I stand corrected, thanks, I thought it was much more limited.


A quit claim deed is a document that conveys the grantor’s interest, if any, in a specific parcel of real property. While it contains an implied expectation of good faith from the grantor, there are no express or implied covenants of warranty.

Iowa Code § 557.3 states that every conveyance of real estate transfers all of the grantor’s interest in the property to the grantee unless otherwise limited in the text. Iowa Code § 558.19 provides a statutory form for a quit claim deed, detailing the minimum requirements and specific language used in this type of conveyance.
Link Posted: 9/4/2015 10:16:24 PM EDT
Depends on your state.   In my state they had a "Beneficiary Deed" which passed straight to the person named on death.
Link Posted: 9/4/2015 10:25:20 PM EDT
Does she owe the state money? I'm interested in why you think the state will take the house.
Probate is just a process of making sure her assets go where they should.
When my mother died intestate (with no will) it just meant more forms to get things figured out. But her property still got handed down to her heirs. The state has no claim on it unless they're after it for taxes or something.

Read this - it can't hurt
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