<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by leefrank:
A Will was left by my grandfather. He named my mom and her sister a piece of property that is to be shared. My aunt wants my mom to have the land and is willing to sign a quickdeed. She lives in Florida and my mom and the property is in Alabama. The property has not been probated yet. There are no liens against the property and all debts have been settled. Can a quickclaim form be sent to my aunt to sign the land over to my mom or do they have to do the transaction in Alabama? Does the land still need to be probated? Can my mom start building on the land before probate? Help, I have be left with the chore of all decisions.<HR></BLOCKQUOTE>
The term is Quit Claim Deed and it can be signed in a different State than the State the property is located in. The deed would be invalid though since your aunt does not have title to the property. You Mom and aunt must first obtain ownership through probate court action. Normally per the courts directive, the estate executor would deed the property to the individuals as specified in the will. Once your Mom and aunt hold title, your aunt can then Quit Claim her interest to your Mom. Your Mom should not start building on the land until she owns it or until a written letter of authorization and notice to proceed is given by the executor. Building on the land before finalization of the probate may cause unforseen problems and affect probate. Some of these problems could be the filing of mechanics liens by contractors, judgements, insurance claims by unlicensed workers hurt on the job, building permit and utility service problems etc.
[This message has been edited by HomeGuru (edited August 13, 2000).]
