Wavier of rights and sale of homestead My mother died and had no will.

Wavier of rights and sale of homestead
My mother died and had no will. Their were just myself, my brother and my sister. Both my sister and my brother wavied their claims to the estate to me. Now I am selling the house and am told that I need a “quit claim” deed from both. Is this the only way that I can sell the house? My brother is very hard to locate and the closing is set for July 11,2000. Is there anything that I can do to make this closing happen.

2 thoughts on “Wavier of rights and sale of homestead My mother died and had no will.

  1. Need for Quit Claim Deeds to sell inheirited Home
    FACTS: Mother died with no will; left three
    children; two wavied claims to me; selling house;
    told need “quit claim” deeds from both; brother is
    very hard to locate and the closing is set soon.

    Q. Is this the only way that I can sell the house?
    Is there anything that I can do to make this
    closing happen?

    A. If the closing has not taken place yet and
    there is no third party [bank/mtg. co.]financing
    involved, then you can sign an “Agreement for
    Deed”. This is a contract that says you will
    deliver good and marketable title at a later date
    if all monthly payments are timely made to buy the
    home.

    If third party financing is involved, then you
    will have to clear up the title and Quit claim
    deeds would be the cheapest and best.

    William W. Fernandez, Sr., J.D.
    Wm. W. Fernandez, Sr., J.D., Atty. at Law
    250 East Panama Road
    Winter Springs, FL 32708-3516

  2. Re: Wavier of rights and sale of homestead
    Your brother and sister continue to be record owners of the property. A quit claim deed from each of them would be necessary to release their interests. If they truly “waived” their interests in the estate, that may be sufficient. I would need to examine the “waivers”. Right now, try to preserve the sale by going with a “rent to own”, cotract for deed, option or some other type of document. Be sure to tell the buyer this problem exists. Good Luck! JMC

    Joel Cohen
    Joel M. Cohen,P.A.
    238 East Intendencia Street
    Pensacola, FL 32501

Comments are closed.