Should I sign or get an attorney. I do not live on the prop . but i have a will & a deed. Can they do this?
2006-11-05 02:04:18 · 11 answers · asked by mimisz94 1 in Politics & Government ➔ Law & Ethics
A quit claim(not quick) would relinquish all your rights to the property. Are you planning on "giving" this property away?
I would NOT do that(sign anything) before talking with an attorney first.
2006-11-05 02:17:01 · answer #1 · answered by lethallolita 3 · 0⤊ 0⤋
DO NOT SIGN A QUIT CLAIM DEED.
Get an attorney. The Will needs to be probated and the estate distributed as the Will intended.
The quit claim deed gives up all your rights in the property. There is NO new owner if your name is still on the deed.
2006-11-05 02:27:07 · answer #2 · answered by Yak Rider 4 · 0⤊ 0⤋
Ok, in the US you have to take the estate and go though probate.
And sorry but who is CO, company, correctional officer, ??
But you will need an attorney, and have to have the probate give you ownership of the property. I will assume you have the deed of your parents. And the will would have go though probate to be put into effect.
If you have not filed your will, someone else , another family member could have filed in probate without a will to get control.
So you have not explained in enough detail what is happenening and how long it was been since thier death.
But you will need an attorney
2006-11-05 06:07:24 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Quit claim. A quitclaim deed need not be "quick" -- it can lead to lengthy litigation because it is not a warranty deed and the title insurance doesn't follow it.
A co-owner can generally -- depending on state law, and on any terms of the deed or trust deed -- force a partition and sale. A bankrutpcy trustee or an executor/administrator can get a court order for partition and sale.
Nobody can make you do anything without a court order. You should not sign anything without legal advice. You have as much right to buy out the other party as s/he does to buy you out.
It won't cost much to get a legal opinion as to your rights. Discuss the fees before you ask any questions.
2006-11-05 02:43:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
once you co-very own a house there is relatively a have faith of land. You the two very own it as trustees on behalf of the different as beneficiaries. Trusts of land are ruled via the Trusts of Land and Appointment of Trustees Act (TOLATA). this supplies you that the place trustees and/or beneficiaries won't be able to agree on how have faith land must be dealt with they could prepare for a courtroom order. while making an order the courts will evaluate factors such because of the fact the needs of infants residing interior the residing house (you have none so no longer proper right here), and the purpose the have faith replaced into created. Your have faith replaced into created for the purpose of you and your pal residing at the same time. That purpose has come to an end, so the courtroom might almost particularly order that the residing house be bought. in case you need to supply the marketplace value there could be no reason you need to no longer purchase her out. If she particularly digs her heels in you're able to be able to ought to bypass by using with this. with a bit of luck the mere threat, extraordinarily if she get criminal suggestion, would be sufficient to get issues shifting.
2016-10-15 09:55:19 · answer #5 · answered by crichton 4 · 0⤊ 0⤋
If there is a will, it takes precedence in law. If someone dies without a will, the Probate Court has to determine who should inherit. You need a probate laywer, and you need them NOW.
Do not sign a quit claim deed - they are asking you to sign away your rights - which is interesting, because that implies they know you own the property.
2006-11-05 03:41:58 · answer #6 · answered by Anonymous · 1⤊ 0⤋
If you have the deed, who is this new "owner"?
By all means, get yourself to a probate attorney, ASAP, who will look out for your best interests.
2006-11-05 02:16:37 · answer #7 · answered by finaldx 7 · 0⤊ 0⤋
Hire a lawyer and go to probate court before the limits are up and the will is no longer enforceable. Get a judge to answer your questions, whart are you doing asking on here?
2006-11-05 03:05:29 · answer #8 · answered by frankie59 4 · 0⤊ 0⤋
Sounds like the co owner is trying to screw you in your time of grief. I would leave him hanging until you have a clear head.
2006-11-05 02:12:40 · answer #9 · answered by Lots of money but no sense 2 · 0⤊ 0⤋
I would go to lawyer and find out.
2006-11-05 02:06:59 · answer #10 · answered by Brandy N 2 · 1⤊ 0⤋