Q: Can I file a quitclaim deed for a property and not sign the Petition for Summary Administration my cousin is mailing me?
When my grandmother died, I was left out of her will. A small piece of land belonging to her wasn't included in the will and her other grandchildren, who inherited her estate, want to sell it after it goes through Summary Administration. I want no part of any of it and want to quitclaim and walk away rather than sign the Petition for Summary Administration with them. They say I have to sign the Petition before I quitclaim.
A: I am sorry for the loss of your grandmother and your current situation. If the parcel of property was not included in the original probate, it is still in your grandmother's name (or her Estate) and cannot be deeded to anyone until probate is finalized. If there is a Petition for Summary Administration and you were "left out" of your grandmother's Will, then you are probably not the person that should be signing a Petition for Summary Administration and there probably isn't anything for you to quitclaim, since you don't have any part in the Estate. Sounds like something isn't lining up here, so I would recommend you take your documents and schedule a consultation with a probate attorney to determine exactly what your rights and options are. Best of Luck! Jennifer
A:
If you want not part of the estate, you can sign and record a notice of non-interest in the estate, if it is timely filed. That would eliminate your claim as an heir.
Unfortunately it probably should be drawn by an attorney, so that is my suggestion.
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