how can i get my moms house in my name

My mother just recently died. she had a grant deed that is notarized giving me her home along with a notarized statement. it was not recorded. She was also married at the time of her death but he is in prison. he gets out in 10 months. he signed a quitclaim deed stating he has no interest in the house but i cant find the original. do you think that he can contest the property when he gets out? how do i go about getting the property. the loan company says all i have to do is refinance and i will get a grant deed for the property.

Asked on June 30, 2009 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am not admitted in California.  Was the quitclaim deed notarized and filed?  You say that you can't find the original but do you have a copy?  Quitclaim deeds transfer claims or potential claims on the property but if you can not find the original you are looking at potential problems.  I think that he can indeed make a stink.  I think that you need to seek legal help as soon as possible.  You need to see what is on the original deed and how the property is held, what has been filed, have the attorney look at the copy of the quitclaim and the grant deed and notarized statement and let you know where you stand.  

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is a house, it's worth spending a few dollars on an attorney to make sure you have all the bases covered here.  I'd be reasonably sure that if you can get the refinance approved, you can get enough to cover the closing costs and the attorney's fees as well.  A mistake could be very, very expensive.  One place to find a qualified lawyer is our website,

The loan company's opinion is reassuring.  But I'd want a lawyer's review of the facts, and attention to the details, on something like this.

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