Quitclaim Vs Warranty Deed

[metayl76]

My question involves real estate located in the State of: Texas

My spouse passed away nearly 3 1/2 yrs ago. We bought a house which the mortgage is both in his name and my name(only) as well as the warranty deed. In order for me to change the mortgage only in my name the mortgage company wanted a copy of a warranty deed between heirs(if applicable). Since there was no will an Affidavit of Heirship was filed. I thought that would suffice, but they still wanted a warranty deed between heirs. My late spouse had 2 older children before our marriage(one(married) from a previous marriage and another(single) out of wedlock). Both siblings do reside in the state of Texas as well. We have 1(minor) child during our marriage. I know both siblings stated they do not want any rights to the property, however, would a Quitclaim Deed be better to do rather than a warranty deed between heirs? Since one of them is married would the spouse of the married child sign the Quitclaim deed as well? The married child has 2 children(minors) of her own.

[jk]

I think you left something out there but I'll give this a try anyway.

You don;t say how title was held, to start with. If it was JWROS, there would be no need for the heirs to provide any deed. If it was tenants in common and the heirs may have a claim, then the deeds would transfer their share to you.

In the situation you describe, a QC deed would be typical. If I were one of the children, I would not provide a warranty deed in any case as I had not been through the process of investigation the merchantability of the title and therfore, would not warrant the merchantability of title, which a warranty deed does.

and yes, anybody that may have a claim, in any way, should provide a QC deed to release any interest the may have. It is sometimes overkill but it is a good idea. It prevents those little surprises in the future.