Can I do a quit claim deed of a property I own to an estate of someone that passed away? 19 Answers as of November 13, 2013

I was given a property that I do not want, I am not interested in it. The person who used to own it passed away, I am the owner now. Can I do a quit claim deed and give it to the estate of that person?

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Durkin Law, P.C.
Durkin Law, P.C. | Roger Durkin
Yes, or decline the bequest. Why do you not want to own the property? Is there someone, an heir, that you would rather have the property? We need to know more.
Answer Applies to: Massachusetts
Replied: 11/13/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
An estate is not a legal entity. You could deed to the executor or administrator.
Answer Applies to: California
Replied: 11/7/2013
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
How were you given the property? You might be best to disclaim the gift rather than to accept it and then give it away. If you give it away (to the estate or otherwise) you will need to file a gift tax return if its value is over $14,000. Plus, if the reason that you don't want it is that it has liabilities, such as toxic waste, you likely will be liable. Consult a lawyer.
Answer Applies to: California
Replied: 11/7/2013
Stephens Gourley & Bywater | David A. Stephens
Yes you can. There may be some tax consequences of quit-claiming it to the estate.
Answer Applies to: Nevada
Replied: 11/7/2013
Frederick & Frederick PLC | James P Frederick
Is the estate still open? I would speak with the personal representative of the estate before doing anything. You may consider donating the property to charity, instead. That way, you get a tax deduction, at least.
Answer Applies to: Michigan
Replied: 11/7/2013
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    To the estate. You can't transfer property to a person who has passed away.
    Answer Applies to: California
    Replied: 11/7/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If the estate is in probate court, you can renounce your gift. The personal representative would have to distribute the property to the deceased's next of kin.
    Answer Applies to: Florida
    Replied: 11/7/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Or you could "disclaim" the gift. There's a timing problem here: you don't own the property until the decedent's estate has been probated, and the personal representative gives you a deed to the property. That would almost always be at the close of probate, decedent's estate would be closed and no, you couldn't then deed property to it. You could deed the property to the people who would take it through decedent's estate. This is a "taxable gift," the words in quotes as your tax advisor will explain when you talk to your tax advisor because your must NEVER transfer real property to someone else without asking your tax advisor what the tax consequences of that transfer are. But if, as I suspect, the decedent's estate has not yet been fully administered, talk to the personal representative about "disclaiming" your gift.
    Answer Applies to: Oregon
    Replied: 11/7/2013
    Law Office of Scott K. Wilson
    Law Office of Scott K. Wilson | Scott K. Wilson
    Only if the personal representative of the estate will accept and record the deed and sign the excise tax affidavit. If you don't want the property and can't sell it, after 3 years of not paying the property taxes the county will sell it at a tax foreclosure sale or take ownership. Unpaid property taxes are not the personal liability of the property owner so you don't have to worry about the county trying to collect the taxes from you personally.
    Answer Applies to: Washington
    Replied: 11/7/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Need details, are you on the title? Generally you can reject a gift or bequest. I need details to form a firm opinion.
    Answer Applies to: Michigan
    Replied: 11/7/2013
    Law Offices of Frances Headley | Frances Headley
    If the property is still in the decedent's estate, you can disclaim the gift and it will then be dispersed pursuant to the estate plan of the decedent.
    Answer Applies to: California
    Replied: 11/7/2013
    Gates' Law, PLLC | Thomas E. Gates
    If you received the property before their death, you can quitclaim it. If it is still in the estate, just refuse the receipt of the property.
    Answer Applies to: Washington
    Replied: 11/7/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    You could quit claim the property to the administrator/executor for the estate or may want to look into a release of any claim you have back to the estate. Consult a probate lawyer to be sure no liability falls back o you.
    Answer Applies to: California
    Replied: 11/7/2013
    Singletary Law Offices, PLLC | Alexis R Singletary
    People can of course gift any asset to a person willing to accept the gift (subject to any possible gift tax consequences or reporting requirements). The question is whether the estate/PR would accept the distribution. The better practice would be for you to ask the estate beneficiaries if they would accept the land as a gift and then do your QCD from you to those individual(s). You wouldn't do a QCD from you to the PR of the Estate.
    Answer Applies to: Washington
    Replied: 11/7/2013
    James Law Group
    James Law Group | Christine James
    Not easily. If you want that person's estate to have it, sell it and gift the money.
    Answer Applies to: California
    Replied: 11/7/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    If you got it from the estate, you can relinquish your distribution. If you got it before the person died, you cannot without the personal representative accepting the property. Also, you might have gift tax issues by doing that. If it is the latter case, just sell the property.
    Answer Applies to: Idaho
    Replied: 11/7/2013
    Estrada Law P.C. | Michele Ungvarsky
    Yes you may.
    Answer Applies to: New Mexico
    Replied: 11/7/2013
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    You can provided that the estate is open and probate has not been completed.
    Answer Applies to: Georgia
    Replied: 11/7/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Title should be reviewed. You do not address how it was placed in your name. A disclaimer may be an option or a correction deed. I urge you to meet with an attorney who can review the chain of title and advise you.
    Answer Applies to: Nevada
    Replied: 11/7/2013
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