Q: My dad split his property 4 ways between me and my brothers.They have quit claimed the condo .why is probate needed?
A: I am sorry for your loss on the passing of your dad, please accept my condolences for you and your family. A probate may be needed because there may be other assets in your dad's name alone that need to be addressed via probate, any assets in your dad's name alone that do not have a pay on death or transfer on death beneficiary designated may need to be probated. Also, no matter what was done with the estate assets, including property, if there is a surviving spouse (if applicable), she may and likely will have rights, this applies to any kids under 18, if applicable also. Until a probate attorney can review and assess matters, it is difficult to know what type of probate is needed, and for what assets, as well who has what rights. A review of the original deed, Will and quit claim deed would also be in order ands helpful.
A: Thank you for your question. A probate would be required to transfer the property from your late father's name to the heirs. Then quitclaim deeds from the heirs to you would serve to transfer clear title to you. Without probate there is a gap in the chain of title from your father to his children. Until the probate is completed, the property is essentially stuck in your father's name. Once the probate is complete, there would no longer be a gap in the title, and you could either sell or keep the property, whatever you wish to do.
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