Can my brother and I do a quit claim deed on the property adding my name, listing him and I as joint tenants while removing both my mother and sister? 6 Answers as of February 14, 2013

My name is to be added to the deed of the family home. My mother, sister and brother are listed as joint tenants on a quit claim deed drawn up in 2003. Since then my mother and sister have past away.

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Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
You need to record a Death of Joint Tenants document with the County Recorder and attach certified death certificates of both your mother and your sister. Then your brother is the only surviving owner. He can then add you as a joint tenant with him.
Answer Applies to: California
Replied: 2/14/2013
Gateway Legal Group | Christian J. Albut
Your brother would have to first terminate the joint tenancy, wherein he would be the only owner. Once he is the only owner on title her can add you as a joint tenant.
Answer Applies to: California
Replied: 2/13/2013
Heinly, Benson, Killian & Kramer, An Association of Attorneys Not a Partnership
Heinly, Benson, Killian & Kramer, An Association of Attorneys Not a Partnership | Valerie L Kramer
Unfortunately, it's not quite that simple. A lawyer would need to review the original quit claim deed to determine how title was held. The manner in which title was held would determine whether your brother is now legally entitled to 100% ownership. Once that was established, then your brother could sign a quitclaim to both himself and you to put the title in both your names. I urge you to have the original deed reviewed however and to speak with an attorney about it. You don't want to run into problems down the road by failing to do so.
Answer Applies to: California
Replied: 2/13/2013
Law Offices of Frances Headley | Frances Headley
No, you must first file affidavits of death of joint tenant to remove the names of the deceased and then your brother can add you. You should consult a real estate attorney to assist you in properly preparing the forms.
Answer Applies to: California
Replied: 2/13/2013
The Law Offices of Tres A. Porter | Tres A. Porter
Essentially yes you can, but you must first file affidavits of death of joint tenants for the mom and sister. You should consult a probate or real property attorney in your area to ensure this is done properly. The cost would likely be minimal and will entail some recording fees at the County Recorder's office.
Answer Applies to: California
Replied: 2/13/2013
    Law Offices of Sandeep G. Agarwal
    Law Offices of Sandeep G. Agarwal | Sandeep G. Agarwal
    You would probably need to present their death certificates to the recorder's offices. Then, if they had a will, and the property was mentioned as an asset in the will, and what was to be done with it upon their death, would need to be addressed. Once those hurdles are cleared, and if you are to be the rightful owner, you can then add on to the title whom ever you wish.
    Answer Applies to: California
    Replied: 2/13/2013
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