Can I quitclaim my mom’s house in my name if her deceased husband is still on the deed with her?

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Can I quitclaim my mom’s house in my name if her deceased husband is still on the deed with her?

They purchased the home jointly about 25 years ago and she now pays the mortgage. I want to pay off her mortgage and in turn add my name to the deed in conjunction with her. I want to make sure the deceased husband (not my dad) and his kids are not in the picture.

Asked on April 16, 2012 under Estate Planning, Florida

Answers:

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

Answered 9 years ago | Contributor

There are a few different factors to consider.  First is how the deed is held.  If the deed is held as joint tenants with rights of survivorship then the property passed to your Mother automatically at the time of his death. Technically then she can do with it as she pleases.  If the house was not held that way then if there is a Will his portion would pass through the Will or through the intestacy statutes. 


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