Can my mom do a quick claim deed to put property that’s in her and my aunt’s names into mine and my brother’s names?

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Can my mom do a quick claim deed to put property that’s in her and my aunt’s names into mine and my brother’s names?

Property was left to my mother and my aunt. My mother wants to transfer her interest in the property to myself and my brother, is a quick claim deed sufficient to do so and does my aunt need to be put on paperwork?

Asked on October 8, 2018 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends how your mother and aunt own the property. If they own it as "joint tenants with right of survivorship" (JTROS), your mother cannot do this without your aunt's consent. That is because with JTROS, when one of two owners dies, the property instantly becomes the other one's owner with having to be inherited or go through probate. (That's the "right of survivship''--to the survivor goes the property.) If a younger person or even more two younger people are substituted for one older owner, that affects the other owner's chance of getting the property--e.g. you aunt would only get it if both and your brother died before her. Your mother cannot affect or reduce your aunt's rights and interest in the property without your aunt's consent.
JTROS is most common for married couples. If instead they own it as "tenants in common," there is no right of "survivorship" and each owner's interest is completely separate from the other owner's. So in this case, your mother could quit claim her 1/2 interest to you and your brother without your aunt's involvement or consent. The aunt will kepp her 1/2 interest; you and your brother will then each have a 1/4 interest.


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