Legal Question in Real Estate Law in Oklahoma
Quit Claim Deed question
My dad has signed a quitclaim deed on his home over to me.
Upon his death, is the house available to sell, or does it
still need to go to probate? If so, what CAN be done so
it does NOT need to be? What about a living trust?
Asked on 1/13/06, 7:35 pm
1 Answer from Attorneys
Kurt Kennedy
Kurt M. Kennedy,Attorney at Law
Re: Quit Claim Deed question
Quit Claim deeds convey all title of the grantor. If the deed was properly executed and delivered and no grounds exist to attack the conveyance (fraud, duress, lack of capacity, etc.) then you already own the property. If the deed hasn't been recorded already, then it should be before the death of the grantor or you may face a challenge based on lack of delivery.
Answered on 1/16/06, 10:03 am
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