Q: father (grantor) filed a quit claim deed to continue paying for his Mother’s (grantee) home.
father (Grantor) passes away before the (Grantee) his mother shortly after completing the quit claim deed. If fathers name is now under the mortgage and he’s married, what happens to the house ? Can mother keep the home and continue to pay? Is the deed nulled ?
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A:
If the father (grantor) passed away after filing the quitclaim deed and his mother (grantee) also passed away, the house will likely become part of the father's estate. The distribution of the property will be governed by the father's will or California intestacy laws if there is no will. Whether the mother can keep the home and continue paying for it would depend on the specific circumstances and the provisions of the father's estate plan. The quitclaim deed is not automatically nullified by the father's passing, but its effect will be determined by the estate's administration and distribution process.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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