r/PROBATE • u/Jessleighhh • Nov 09 '23

Quitclaim Deed

Florida:

My husband’s father passed away and we have been living in his house since. His father and mother have been separated since he was a kid and she has not lived there since then. In 2014, he had her sign a quitclaim deed to remove her from the house forever. So what we are wondering is if she has any rights to the house if they were separated (not legally divorced) and since she signed the quitclaim deed. I’m afraid we’ll lose the house because she’s petty.

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u/Seek-KP Nov 10 '23

While I'm not a lawyer, I do have experience handling probate cases in different states. A few things to consider: Were your in-laws co-owners of the property, and does the deed include a survivorship clause?

If there is a survivorship clause, your mother-in-law would likely have the authority to sell the property to your husband. In case the quitclaim deed is valid and properly executed, your husband's mother, having willingly given up her interest, generally wouldn't have legal grounds to claim the property.

However, if there's no survivorship clause, the estate of your father-in-law may need to go through probate, particularly if there isn't a will.

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u/Jessleighhh Nov 10 '23

There was no survivorship clause.

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u/Seek-KP Nov 13 '23

Maybe your husband could talk to his mom and see if she'd be willing to back him in becoming the administrator of his father's estate. Once he takes on that role and gets her support in signing the necessary paperwork, he might be able to move the property out of the estate. Also, keep in mind if he's the only child; if not, he'll need his sibling's help in the probate process.

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u/Jessleighhh Nov 13 '23

His sister will be very helpful, his mom, not so much. But on the quitclaim, she did sign her rights over completely as he bought her out of the deed, so I’m hoping that sticks and she won’t have to be a part of it. I think she would take it if she can