Can two quit claim deeds be created so ownership transfers depending on who passes away first?

Real Estate Law

Jessica B

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Yes, you can prepare a second quit claim deed and keep it on hand without filing it immediately. This way, it's ready if needed.

To do this, you'll want to fill out the form with the correct details and have it signed and notarized, just like the first one.

It's important to store it in a safe place where it can be accessed if necessary.

You don't need to file the second quit claim deed until it's necessary, such as in the event of your passing. Keeping it prepared and notarized ensures it's ready if needed, but filing can wait until the appropriate time.

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I completed a quit claim deed as my mother and I jointly own our home. She is 94 and will be undergoing cancer surgery. She wanted me to have full ownership of the house in the event she does not survive. But she would also like a quit claim deed in the event that I pass away. Is that possible to have both?

Lexi, Chatbot

I understand how important it is to ensure your mother's wishes are honored during this difficult time. Have you already filed the quit claim deed with the appropriate county office?

Yes.

Lexi, Chatbot

Is there a specific timeline you are working with regarding your mother's surgery and the completion of these documents?

Not yet filed.

Jessica B

Hi there! I'm Jessica B, and I'm here to help you with your real estate question. I understand you're dealing with a situation involving a quit claim deed for your home, which you jointly own with your mother who is undergoing cancer surgery. Have you considered any legal actions or consulted with a local attorney about this matter?

No.

I just completed the form and have to have her sign it and have it notarized.

Jessica B

Got it, thanks for sharing that. Since you mentioned wanting a quit claim deed in case you pass away, have you considered how you would like to structure the ownership or any specific terms you want included? This might help in planning the next steps.

Not at this moment. I just want to be sure that I can prepare a second form in the event of my death and not file it unless I die.

We meet with the surgeon on Wednesday.

Jessica B

Yes, you can prepare a second quit claim deed and keep it on hand without filing it immediately. This way, it's ready if needed.

To do this, you'll want to fill out the form with the correct details and have it signed and notarized, just like the first one.

It's important to store it in a safe place where it can be accessed if necessary.

What about the first one — should I file it before the surgery?

Jessica B

It's generally a good idea to file the first quit claim deed before the surgery to ensure everything is in place. However, it's ultimately up to you and your mother's comfort level with the timing.

Jessica B

If you have any more questions or need further assistance, feel free to reach out. I'm here to help. Best wishes for your mother's surgery and take care!

Thank you!

Jessica B

You're welcome! If you have any more questions in the future or need further assistance, don't hesitate to reach out. Take care and all the best to you and your mother!

Jessica B

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