my grandmother died and left her share of property to me and my two sisters how do i put my name on the deed ?

Question

ps thers a man living their i need to evect so my family can move back to califorina. but was told i have no rights if my name is not on the deed..

Answer 1

Was there a will, is this property in estate - Who is exiator of the Estate? I agree, do seek legal counsel. You will need to show proof that this can legally be done. (ok). Was the property fee and clear (no mortgage or liens)

Sounds like you need a quitclaim deed. A quickclaim deed typically is executed when the property isn't sold -- when the owner dies and bequeaths it to someone, or when the owner gets married and wants to add the spouse's name to the title, or when a former spouse's name is removed as part of a divorce settlement or when the property is transferred to a living trust.

"A quitclaim deed is a deed that says, 'I'm not warranting what I own, but I'm transferring what I do own to you," "So it's a much lesser level of protection."

A warranty deed is one in which the seller, when transferring the title to you, warrants that he owns the property free and clear of all liens. A warranty deed is used in most sales of property. The warranty deed says that the grantor is the rightful owner and has the right to transfer the title; that there are no outstanding claims on the property from lenders using it as collateral, or from other creditors, and that the property can't be claimed by someone with a better claim to the title. If any of those claims are wrong, the buyer is entitled to compensation.

A title insurance policy backs up the claims of the warranty deed, protecting the lender or buyer from disputes about ownership or liens.

But talk to an attorney (ok) just to make sure. He can fill out the deed, record it at the court house, and if necessary send a certified letter to the person who is living in the home. Yes, there will be a cost for the attorney, but think of it as "peace of mind". If you do not want to do that, you can get "guick claim deeds on line for free, and file at the court house yourself. But do not recommend this - since you have some legal issues to deal with, since this is from your grandmother. You want to make sure everything is legal and in order.

With a quitclaim, the grantee has no legal recourse if problems with the title turn up, or if a forgotten lien holder emerges from the woodwork. There isn't a title policy. That's why it's riskier. On the other hand, a lot of quitclaims are executed when the property stays in the family, and that reduces the risk.

Good luck to you, and sorry to hear of your grandmother's passing.

Answer 2

It sounds like a conspiracy here, afoot? First you said your a share, now your saying your not on the deed.
If your name is on the deed you still have no choice. You may try and evict the person under other circumstances but, not as an owner.
Get an attorney: a good property attorney. Your confusing, to say the least.

You may offer to buy them out or sell your share (to them), if they refuse then you can you may be able to put it on the open market, check with the attorney. If your name isn't on the deed, I have as much chance as you do.
You can sue if you have a cause. The attorney could tell you.

Answer 3

The Will should also have designated a person to be the executor of the estate, who has responsibility throughout the probate procedure. Probate is the legal process which defines assets of a deceased party, and who they should be shared out to.

I think it is imperative that you put this process in the hands of a solicitor. It makes no difference that your name is not on the title deed, if the assets are to be split, it is likely that the property and any other asssets will be sold off, with yourself and your two sisters as power of attorney to accept any offers on the property, whereupon the proceeds of the sale will be split. Of course the tenant will have rights to remain within the property, serve notice first subject to his tenancy agreement, failing that, you will have to evict him.

This whole procedure can be quite lengthy

Answer 4

Seek council. Hire an attorney, it's the safest way to do it.