Federal Way, WA asked in Real Estate Law, Estate Planning and Probate for Washington

Q: my mother passed away and left her home I have two other brothers and you didn't want the house so they gave they signed

Quick Deeds so I can file the house into my name but there's still a mortgage how do I remove the executor off of the estate without going through probate so I can assume the loan

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: I think you mean they signed 'quit claim' deeds. Regardless, if the house was left in a will or otherwise did not pass directly to you, you will need to have the executor / personal representative assign the house (and the mortgage) to you (or to all the siblings -- however the will is written) and THEN file quit claim deeds and begin renegotiating the mortgage.

There isn't a 'short cut' that can avoid probate unless things were put in motion before your mother died.

It sounds like you and the executor need to speak with a local attorney to insure this is done properly. Don't try to be penny wise and pound foolish and do this without advice/legal help. You may lose the house if you try that!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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