QUESTION:     Should a decedent’s estate administrator use a quickclaim deed to transfer estate property to himself before transferring to heir.  Administrator does not want to leave the property in the name of the decedent who died 7 years ago  {asked from Philadelphia}

ANSWER:  Let me beak you question into parts.  1) your role as administrator includes the duty to preserve and collect the assets of the estate and distribute them PROMPTLY.  It seems you are a little tardy in this effort.  If you have not filed the tax returns and paid the death taxes, this must be done immediately.  2) If you transfer the property to your name, you expose the property to judgments that might be entered against you.  You also expose yourself to a claim of conflict of interest or breach of fiduciary duty.   3) a quit claim deed is an overused and inappropriate document.  When you convey to the heirs use a deed with administrator’s warranty.

 

 

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