Home Q&A Forum Revoking a quitclaim deed: is it possible?

Inherited Property

Quitclaim Deed

New York

Asked on Oct 2, 2023

Revoking a quitclaim deed: is it possible?

I recently inherited a property from a family member. I recently found out that the property was already transferred to another party via a quitclaim deed. I am wondering if it is possible to revoke this quitclaim deed, and if so, what steps I need to take in order to do so.

Answers from 1 Lawyer

Answer

Inherited Property

New York

Answered 896 days ago

Damien B.

ContractsCounsel verified

Business Lawyer
Licensed in New York
4.9 (13)
Member Since:
October 3, 2023

I understand you are asking whether someone can revoke a quickclaim deed. What it sounds like you are saying is whether someone can contest a deed transfer to the other party and reverse the transfer. Generally, in the situation your describe and among other possible procedural options, the personal representative of the estate may be able to file a lawsuit or proceeding contesting the deed transfer, canceling the transfer and have the court order the return the property back to the estate for distribution to the heirs.

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What protection does quitclaim deed offer?

I am the owner of a piece of property that I recently inherited from a family member. I am considering having a quitclaim deed drawn up to transfer ownership of the property to another family member. I would like to know what protection this type of deed offers to both the grantor and grantee in order to ensure that the transfer of ownership is done legally and correctly.

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Answered Oct 24, 2023

Generally, an owner of property and the potential purchaser would use a Quitclaim Deed when there is no need to warrant or guarantee that the property is free and clear of liens. In other words, the seller does not warrant and guarantee that the property is free and clear of any and all liens. A common use would be when the property has been in the family and the transfer of the property is between family members knowing that there are no liens on the property and all taxes have been paid on the property.

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I recently purchased a property and am in the process of transferring the title. I am trying to understand the difference between a Quitclaim deed and a title transfer. I am looking to make sure I am making the best decision for my situation when transferring the title of the property.

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Answered Oct 10, 2023

A Quitclaim Deed is a form of title transfer as is a Warranty Deed and a Special Warranty Deed. Quitclaim Deed – provides the grantee with the least protection; it contains no promises or warranties, and only conveys whatever title and interest the grantor has. A quitclaim deed makes no assurance that the grantor actually has an ownership interest in a property; it merely states that if the grantor does, they release those ownership rights. Quitclaim deeds are typically used to transfer property in non-sale situations, such as transfers of property between family members. Warranty Deed - makes a promise to the buyer that the seller has good title to the property. A quitclaim deed, on the other hand, makes no promises.

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Taxes related to quitclaim deed?

I recently inherited a property from a family member. I was given a quitclaim deed transferring the title from them to me. I am trying to understand my tax liabilities related to this transfer of ownership. I am not sure if there are tax implications that I need to be aware of and I was hoping to get advice from a lawyer on how to proceed.

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Answered Oct 30, 2023

A person who inherits property might be subject to taxes. This includes when the person receives a quitclaim deed for the property. However, the person's tax liabilities will ultimately depend in part on the location of the property itself. For legal guidance on the tax implications of inheriting North Carolina property, you might consider consulting with a knowledgeable North Carolina estate and tax planning attorney. Good luck!

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Witnesses required for a quitclaim deed?

I am the owner of a house that I am looking to transfer to another person. I am considering using a quitclaim deed to complete the transfer, but I am unsure if witnesses are required. I understand that witnesses are typically required for legal documents, but I am not sure if this is the case for a quitclaim deed. I need to know if witnesses are required for a quitclaim deed so that I can complete the transfer correctly.

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Answered Oct 15, 2023

The general rule for a North Carolina quitclaim deed is that it must be properly (1) signed by all grantors, (2) notarized, and (3) recorded. (Grantees are not required to sign.) In a sense, the notary public serves as a "witness," as indicated by the language in a typical notary block. However, no additional witnesses are required. Anyone who has questions about a North Carolina quitclaim deed should consider consulting with a knowledgeable North Carolina attorney.

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I recently inherited a property from my aunt and I am looking to transfer the title to my name. My aunt had created a Quitclaim deed transferring the title to me, but I am unsure of the process to record the deed and make it official. I would like to understand the process of recording a quitclaim deed to ensure that the title to the property is legally transferred to me.

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Answered Nov 14, 2023

You probably want an attorney to review the deed and make sure it looks ok. You also want an attorney to help you with completing the Preliminary Change of Ownership Form (used by county to determine reassessment of taxes). If all of that looks good, then you want to record the deed with the county recorder. I can review deed and help with Preliminary Change of Ownership Form for $295. Same Day Service.

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