Full question:
I need a form to send to all my grandfather’s heirs. Having them state they will make no claim on the house I live in and purchased from my grandfather prior to his death 4 years ago, but due to the loss of the paperwork it was never filed with the county/state.
- Category: Wills and Estates
- Subcategory: Disclaimer of Property Interest
- Date:
- State: National
Answer:
In general terms, if a deed is not recorded for the sale or transfer of property, the property remains in the name of the original owner and would pass upon his death to his heirs according to his will or according to the state’s intestate laws of succession if he had no will. If an estate is never opened for the owner after his death (whether he died with or without a will), concerns regarding ownership of the property may possibly be alleviated by filing an heirship affidavit listing all potential heirs and obtaining quitclaim deeds from all of the potential heirs transferring their interest in such property. An heirship affidavit is a document used to state the heirs of a deceased person. It is commonly used to establish ownership of personal and real property, and may be recorded in official land records, if necessary. The affidavit of heirship must also be signed by a notary public. The person executing the affidavit should normally not be an heir of the deceased or other person interested in the estate.
A quitclaim deed is a written document for the transfer of land or other real property from one person to another, and transfers only that interest in the real property which the grantor actually has. A quit claim deed contains no warranties and the grantor doesn't have liability to the grantee for other recorded claims on the property. The grantee takes the property subject to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record. Quitclaim deeds are often used among family members or from one joint owner to the other when there is little question about existing ownership, or to clear the title.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
