Joint Quit Claim Of Heirs: Fill & Download for Free

This is an area that varies quite a bit from state to state, and requires consultation with a local attorney. Unfortunately, there is no satisfying one-size-fits-all answer to this question.But long story short, spouses are among the category of heirs who generally have the right to contest wills. The usual accepted bases for challenging a will are testamentary capacity (Dad had been really sick and got taken advantage of by some grifting grandkids), fraud/forgery, illegality, and incompleteness or failure to adhere to certain requirements. “I don’t like the division of assets as it pertains to me” generally isn’t sufficient.That being said, there’s also the issue of a party attempting to direct assets that are not purely his/hers: in community property states, for example, the property of the marital estate is presumed to be split 50/50, so I could not give more than 50% of a joint bank account assuming my wife was still alive. Many other states also have certain assumptions about minimum shares to spouses in particular, so if your father went below those lines without your stepmother’s consent, she may have a claim. And yes, if your stepmother received less than the legal minimum to which she is entitled, her additional share would be taken out of the remainder of the estate, such as from your brother and you.Again, this is fairly complicated (and often expensive and time-consuming) stuff. You’re better off learning what your rights are ASAP by consulting with an estate lawyer where you live.

No. However C could potentially end up with an ownership interest by other means. Usually that ownership interest would end up as a lien on the property. If there is a judgment against A in favor of C, as example. It also depends on where the property is. Also A could leave their share of the property to C and die causing C to own the half that A owns ONLY if the Title is not “Joint With Right of Survivorship”.What happens when A or B die? Is it Joint Title where each can name their heirs as future owners of their share? Or is it Joint With Right of Survivorship such that if A dies B owns 100% or if B dies A owns 100%? It is very important to know this if you are A or B in this scenario, and could change the answer as well.

In many states, you can simply find the heirs and have them sign a “Quit Claim” deed.As an example, say that you and I jointly owned a piece of commercial property and we always had an agreement that if one of us died, the other would inherit the property. And while we both told our families about this agreement, neither of us ever got around to stating this in our wills.Now lets say that I died. You would need to go around and have all of the potential heirs sign a “Quit Claim” deed. You could then file this with the county clerk and the property would be yours. The only issue might be if another heir pops up later that didn’t sign a Quit Claim. In that case, they could take you to court and try to get a partially ownership. Probate can’t really protect you from that. Only filed Quit Claim deeds can.Think of land ownership this way. It’s not that you ever have anything saying the land is truly yours. It’s really all about have enough documentation so that no one else can say it’s theirs instead.As a disclaimer, I’m not a lawyer. My advice comes from doing this type of thing successfully several times.