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Updated about 3 years ago on . Most recent reply

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Maria Gabriela Sobalvarro
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Ladybird quit claim deed ?

Maria Gabriela Sobalvarro
  • Investor
Posted

Hey everyone! 

Im working a deal with my grandmother and part of the negotiation is to do a "ladybird quit claim deed". This was suggested to her by her banker to pass her asset on to the person of her choosing to avoid family conflict and probate. This would also assist in no business interruption on my end since I will be renting her property so Im all for this. 

Anyone able to provide me some information on ladybird quit claim deed or should a Will suffice? 

Thanks in advance! 

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Tom Gimer
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Tom Gimer
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Replied
Quote from @Randy Rodenhouse:

I would be careful using a QCD since no warranty or guarantee is made regarding the actual state of the title when a quitclaim deed is used and therefore many times title insurance cannot be obtained. Title insurance is available when a warranty deed is used, because of the clear title guarantee associated with that type of instrument.  QCD are used to transfer property within family (such as parent to child) or when a property owner gets married and wants to add spouse to the title.  So may be OK but I would check with a competent attorney.  

In this case title insurance would not be affected because the grantee and grantor are one and the same person... so the insured remains the insured as this is just a tenancy change. There is no point in including a warranty in such a deed.

  • Tom Gimer
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Gimer Law
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