Re: Quitclaim Vs Warranty Deed
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.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.