Does an attorney need to file a quit claim deed or can anyone file?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does an attorney need to file a quit claim deed or can anyone file?

My mother passed away and left my 2 brothers her house in a revocable trust. We need to execute a quit claim deed so that the deed will transfer to my 2 brothers. Can we file the quit claim deed.

Asked on May 12, 2017 under Real Estate Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is no requirement that a quitclaim deed be prepared by an attorney, however you always run the risk that the deed may not be properly drafted in some way, so having an attorney draw it up (or atleast review it) is advisable. That having been said, as long as the deed is properly filled out, signed and notarized, it is valid. However, it must be filed with the Recorder's Office as well.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You don't need an attorney to file a quitclaim deed.  You can file the quitclaim deed.  The quitclaim deed must be signed in the presence of a notary.  The quitclaim deed becomes effective upon being recorded (filed with the County Recorder's office.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption