Property currently deeded to Husband, Wife, and their Son, as tenants in common. Husband deceased (15 years), wife living, but wants to transfer ownership to son. Can wife prepare/file a Quit Claim Deed for transfer from wife to son, along with husband’s death certificate? Approximate property value $6,000.
First, please see the disclaimer below this response and read this response in that light. That said, you should probably start by being sure that the property was, in fact, held as tenants in common between all three owners. When a husband and wife hold title as “husband and wife” or using similar wording, it may create a tenancy by the entirety for the interest held by the husband and wife. That would be your best case scenario, because it would mean that the husband’s interest passed to the wife without the need for probate.
That said, if you are correct that the property really is held as tenants in common between all three parties, then you have a probate issue for the husband’s share of the property. The wife can still quitclaim her entire interest to son, but the husband’s interest will remain in his probate estate until there is a court proceeding of some sort (probably summary administration given how long it has been since he died) to straighten out the title. In other words, the quitclaim deed of the entire property from the mother to the son would avoid having two probates to deal with after the mother dies, but wouldn’t do anything to fix the probate issue from the deceased husband’s estate.
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