Legal Question in Real Estate Law in Mississippi

Quick Claim Deed

I inherited land from by brother who was sole owner of proterty. I want to transfer title of said property from my deceased brother to me by mean of a quick claim deed. It is the proper step to take?

Asked on 3/09/06, 11:12 am

2 Answers from Attorneys

Gregory J. Roth Gregory J. Roth, PLLC
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Re: Quick Claim Deed

If your brother was sole owner of the property at the time he died (i.e. there was no one else on the title with him or the property was not being held in trust), a probate estate will need to be opened and the proper deeds drafted in order to effecuate the transfer of title. A quit claim deed alone at this point will not suffice. Please contact me if you require assistance or have any questions.

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3/09/06, 12:19 pm
Jan Butler Jan R. Butler
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Re: Quick Claim Deed

NO. If your brother passed away without a will, you need to have a heirship determination by the court and ask the court to confirm title in you as the only heir. Probate may be necessary as well, but generally, land passes to the heirs outside the estate.

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3/09/06, 1:07 pm

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