Quitclaim Deed Notarization Required

Summary

In Texas, a Quitclaim deed requires notarization by both parties for validity. Property in probate cannot be transferred until the process is complete. Forgery and misrepresentation are serious issues that can be contested in court. As an independent executor, you may request legal fees from the estate. Consider seeking assistance from legal clinics at UNT Dallas or SMU for guidance.

Full Conversation

Texas Law. If a married couple divorce and in the divorce decree the property they bought was split equally. Years later one of them was willing to relinquish there interest, would both of the need to sign the Quitclaim deed in front of a notary
Yes, in Texas, if one party is relinquishing their interest in property through a Quitclaim deed, both the grantor (the one giving up the interest) and the grantee (the one receiving the interest) must sign the document in front of a notary for it to be legally binding.
Do you have any more questions or need further clarification on this topic?
They are actually both Grantors are they not
In a Quitclaim deed, the grantor is the person relinquishing their interest in the property. If both parties are relinquishing their interests, then yes, they would both be considered grantors. Each must sign in front of a notary.
Do you need more information on how to properly execute a Quitclaim deed in Texas?
Texas Law required it when it's involved in a divorce I think
In Texas, both parties involved in relinquishing their interest in property through a Quitclaim deed must sign the document in front of a notary for it to be legally binding.
Would you like information on how to properly execute a Quitclaim deed in Texas?
No my father's second wife is trying to get possession of the property, or she has sold part of it and can't clear title. The property is still in probate after 12 years and the deeds are still in my father's name
It sounds like a complicated situation involving probate and potential property disputes. Here are some key points regarding property in probate and title issues in Texas:
- Property in probate cannot be sold or transferred until the probate process is complete.
- Any sale of property that is still in probate is generally invalid.
- To clear title, probate must be finalized, and the property must be properly transferred to the rightful heirs.
To better understand the situation, could you tell me if there is a will, and if so, were there any specific instructions regarding the property?
The Quitclaim deed has my mother's name forged, my father's signature is not on it, the law firm is in Nebraska not Texas and the Address is a empty field
It sounds like you have a serious issue involving potential forgery and probate matters. Here are a few key points:
- Forging signatures on a deed is illegal and can be contested in court.
- Property in probate cannot be sold or transferred without proper legal procedures.
- Consult with a probate attorney in Texas for specific guidance.
Would you like information on how to report a forged deed or proceed with contesting it?
I file a motion and an Affidavit
Since you mentioned forgery and ongoing probate issues, this situation seems quite serious. Here are some steps you might consider:
- File a Motion: You've already filed a motion and affidavit, which is a good start.
- Report Forgery: Notify law enforcement and the relevant county recorder's office about the forged deed.
- Consult an Attorney: Given the complexity, consulting a probate attorney in Texas is advisable.
Would you like more information on reporting forgery or finding a probate attorney?
No I have not yet. I have filed an correction to inventory and another complaint for objection to Inventory for missing assets and a Failure to Notify beneficiaries,
Your situation involves multiple serious legal issues, including potential forgery, probate complications, and objections related to missing assets and beneficiary notifications. Here are some steps you might consider:
- File a Motion: You've already done this, which is great.
- Report Forgery: Notify law enforcement and the county recorder's office.
- Consult an Attorney: A probate attorney can provide specialized help.
Would you like information on how to report forgery or find a probate attorney in Texas?
I do not have the funds to pay an Attorney, so since I am the successor independent executor I request legal fees from the estate with the court
You may be eligible to request legal fees from the estate as the successor independent executor. Here are some points to consider:
- In Texas, an independent executor can request reimbursement for reasonable attorney fees from the estate.
- Submit a detailed accounting of the legal fees along with your request to the probate court.
- Ensure the expenses are documented and justifiable as necessary for estate administration.
Would you like more information on how to file this request with the probate court?
I have already filed it with the complaint for fraudulent concealment of assets and not only did not notify beneficiaries, she claimed to be the only duty beneficiary
Fraudulent concealment of assets and forgery are serious matters. Here are some key points and next steps:
- Fraudulent Concealment: It is illegal and can be contested in court.
- Beneficiary Notification: All beneficiaries must be notified as per the probate laws.
- Attorney's Fees: As an independent executor, you can request attorney's fees from the estate.
Would you like information on how to strengthen your case or any specific legal resources in Texas?
My father required in his Will that a Federal Estate Tax Proceeding was required for valuation of the estate to determine distributions.
Case Rating: *
This is a complex situation involving multiple serious legal issues, including forgery, fraudulent concealment, and probate disputes. Here are some important points regarding Federal Estate Tax Proceedings:
- Federal Estate Tax Proceeding: Required for valuation of the estate.
- Will Instructions: Must be followed to ensure proper distribution.
- Executor Responsibility: Ensuring all legal requirements are met, including tax proceedings.
Would you need more information on how to initiate a Federal Estate Tax Proceeding?
That was very smart
It sounds like you have a very complex legal situation involving multiple serious issues. Here are some key points and next steps:
- Federal Estate Tax Proceeding: Ensure this is initiated as required by the will for proper estate valuation.
- Forgery and Fraudulent Concealment: Continue to pursue these issues in court.
- Executor Responsibilities: Keep detailed records and ensure all legal requirements are met.
Would you like more specific information on how to initiate a Federal Estate Tax Proceeding or any other aspect of your case?
Those assets had to be listed in the Estate inventory for probate
Given the complexity and seriousness of your situation, it seems like you're on the right track. Here are some steps that may help:
- Federal Estate Tax Proceeding: Initiate this as stated in the will.
- List Assets in Inventory: Ensure all assets are listed in the estate inventory for probate.
- Documentation: Keep detailed records of all interactions and filings.
Would you like more information on how to ensure all assets are properly listed in the estate inventory during probate?
She did not list any of them. Only the land she said was community property but it is not
It sounds like you're dealing with multiple serious legal issues regarding probate, forgery, and misrepresentation of property. Here are key points to consider:
- Incorrect Property Listing: Ensure that the property is correctly classified and listed in the estate inventory.
- Community Property: Texas is a community property state, but classification needs to be accurate.
- Forgery: Report any forgery to law enforcement and the county recorder's office.
- Legal Assistance: Since you mentioned financial constraints, look into legal aid services in Texas for assistance.
Would you like more information on legal aid services or any specific guidance on how to proceed with your case?
I have it. But I am a Trust Beneficiary and the son and I have not received any distributions required in the Will. I think she said I was deceased
It seems like you have multiple serious legal issues, including forgery, misrepresentation, and non-distribution of trust assets. Here are some steps you might consider:
- Contest the Will: Raise the issue of being falsely declared deceased in probate court.
- Report Forgery: Notify law enforcement and the county recorder's office.
- Seek Legal Aid: Look into legal aid services for assistance due to financial constraints.
Would you like more information on how to contest the will or find legal aid services in Texas?
I asked for Court intervention
It sounds like you have a very complex and serious legal situation involving multiple issues such as forgery, misrepresentation, and improper handling of estate and trust assets. Since you have already sought court intervention, the next steps may involve:
- Continue Pursuing Legal Actions: Keep pushing for court intervention regarding the forgery, misrepresentation, and distribution issues.
- Gather Evidence: Ensure you have all relevant documents and evidence to support your claims.
- Legal Aid: Given financial constraints, consider seeking help from legal aid services in Texas.
Would you like more information on how to find legal aid services in Texas?
I am going to the college law schools for help
It sounds like you have taken several important steps and have a very complex legal situation. Here are a few key points to keep in mind:
- Gather Evidence: Continue to collect all relevant documents and evidence.
- Legal Representation: College law schools often have legal clinics that might be able to provide assistance.
- Court Intervention: Keep pursuing court intervention for your claims.
Would you like more information on how to approach a legal clinic at a college law school for assistance?
I have everything documented and organized. She is in serious trouble
It sounds like you have a well-documented case involving serious legal issues such as forgery, misrepresentation, and improper handling of estate and trust assets. You are on the right track by seeking court intervention and considering assistance from college law schools.
Would you like detailed information on how to approach a legal clinic at a college law school for your case?
Yes
Sure! Here are the steps to approach a legal clinic at a college law school for assistance:
- Research Law Schools: Find law schools in Texas with legal clinics. Examples include the University of Texas, Baylor University, or Texas Southern University.
- Contact the Clinic: Reach out to the clinic via phone or email. Explain your situation briefly and ask if they can assist.
- Prepare Documentation: Have all your documents and evidence organized for review.
- Schedule an Appointment: If they can help, schedule an initial consultation to discuss your case in detail.
Would you like contact details for a specific law school's legal clinic?
UNT Dallas and SMU do
You have a complex and serious legal situation involving forgery, misrepresentation, and probate issues. Here’s how to approach the legal clinics at UNT Dallas and SMU:
~UNT Dallas College of Law Legal Clinic
Phone: (*) *-*
Website: [UNT Dallas Legal Clinic](https://lawschool.untdallas.edu/legal-clinic)
~SMU Dedman School of Law Legal Clinics
Phone: (*) *-*
Website: [SMU Legal Clinics](https://www.smu.edu/Law/Clinics)
Would you need guidance on what to bring to your initial consultation?
Call for an appointment and ask for a review and assistance
****, it seems like you have a very serious and complex legal issue. Here’s how to proceed:
Contact Details:
~UNT Dallas College of Law Legal Clinic
Phone: (*) *-*
Website: [UNT Dallas Legal Clinic](https://lawschool.untdallas.edu/legal-clinic)

~SMU Dedman School of Law Legal Clinics
Phone: (*) *-*
Website: [SMU Legal Clinics](https://www.smu.edu/Law/Clinics)

Steps:
*. Call for an Appointment: Reach out to the mentioned clinics via phone to schedule an appointment.
*. Prepare Documentation: Have all your documents and evidence organized for the review.
*. Explain Your Situation: Briefly explain your case and ask if they can assist.
Would you like guidance on specific documents to bring to your consultation?
Yes
Sure! Here’s a list of key documents and evidence to bring to your consultation at the legal clinics:
- The will and any amendments.
- Probate court filings and orders.
- Inventory of estate assets.
- The Quitclaim deed in question (especially the one suspected of forgery).
- Evidence of forgery (e.g., signature samples).
- Any correspondence with the other party or their representatives.
- Documentation of your objections and complaints.
- Detailed records of assets claimed to be missing.
- Any legal motions and affidavits you have filed.
Would you need help with anything else?
She just filed it after my objection to Inventory in county records. Property is in probate she cannot file that anyway
It sounds like you have a strong case involving serious legal issues. Here are some steps to consider:
- File a Motion: Contest the filing as improper since the property is in probate.
- Notify the Court: Inform the probate court about the improper filing and the forgery.
- Legal Assistance: Use the legal clinics at UNT Dallas or SMU for support.
Would you like more information on how to file a motion to contest the improper filing?
Should I file a motion to review
Yes, filing a motion to review could be beneficial in your situation. Here are the steps you might consider:
- Draft the Motion: Clearly state the grounds for the review, such as forgery, improper filing, and any violations of probate procedures.
- Attach Evidence: Include all relevant documents supporting your claims.
- File with Probate Court: Submit the motion to the probate court handling your case.
Would you like guidance on drafting the motion?
And an Affidavit of facts
Sure, here’s how you can draft a Motion to Review and an Affidavit of Facts:
Motion to Review
*. Title: Clearly label it as "Motion to Review Improper Filing."
*. Introduction: State your name, your role (e.g., successor independent executor), and the purpose of the motion.
*. Background: Provide a brief summary of the probate case and the issue at hand.
*. Grounds for Review: Detail the reasons for the review. Include:
- Evidence of forgery.
- Improper filing while the property is in probate.
- Any violations of probate procedures.
*. Request for Relief: Specify what you are asking the court to do (e.g., invalidate the improper filing, investigate the forgery).
*. Signature: Sign and date the document.
Affidavit of Facts
*. Title: "Affidavit of Facts"
*. Affiant Information: Your full name, address, and relationship to the case.
*. Statement of Facts: Clearly state the facts as you know them. Number each fact for clarity.
*. Evidence: Reference any attachedevidence (e.g., forged Quitclaim deed, correspondence).
*. Oath: Include a statement swearing under penalty of perjury that the information is true and correct to the best of your knowledge.
*. Notary Section: Leave space for the notary to sign and stamp.
Would you like a template or further details on any specific part of these documents?
Got it thanks
It sounds like you're dealing with a highly complex legal situation with multiple serious issues. You're taking the right steps by pursuing legal action and seeking assistance from legal clinics.
If you need any more specific guidance or templates for drafting your motion and affidavit, feel free to reach out. Best of luck with your case!