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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.