Actually, a quit claim does not necessarily mean that
one doesn't know if they have an interest in a
property.  It is simply one renouncing any claim or
right to a property or possesion.  In most cases, the
individual would well know that they are part owner.
This instrument was and is frequently used to resolve
property received by right of inheritance or dower,
but re-distributed to other members of the family.

  -- Randy Jones

--- Paul Drake <[log in to unmask]> wrote:
> Ms. Alyce:  "Quit-claims" are legal instruments
> which may be read to say, "I do not represent that I
> own any interest whatever in this property, but if I
> do I hereby transfer that interest to you."  Said
> another way, a "quit-claim" says, "What that court
> and those lawyers say that I own, I hereby convey it
> to you, but I have no idea whether or not they know
> what they are talking about and you must realize
> that I may own NOTHING atall."
>
> On the other hand, a "deed" is a document that
> reveals one's intention to sell a known and definite
> interest.  Deeds almost always describe with
> accuracy what the interest is that is being
> transferred and also carry warranties that may be
> read to say, "I guarantee that I own these interests
> that I am selling to you, that there is no obstacle
> to my selling this interest, and if it is learned
> that, in fact, I do not own this tract as I hereby
> say I do, I will refund your money or otherwise make
> good any loss that I cause you and whoever you
> transfer it to later."
>
> Considering these differences, it is easy to see why
> quit-claims are the least risky way to convey to
> someone else whatever interest you have inherited in
> an ancestor's land or other property.  Also, it
> should be apparent that the expression "quit-claim
> deed" is not precise usage and is almost redundant.
>
> "Undivided interest" simply means that you and
> another or others own an interest in the whole of
> some property.  In such ownership, those interests
> can be separated by a) selling the property and
> dividing the money, or b) agreeing how that property
> may be physically divided so that all the divided
> interest owners either have an equal share or are
> satisfied with the division proposed.        Paul
>
>
>   ----- Original Message -----
>   From: [log in to unmask]
>   Subject: Re: Pinning Death Dates -- Another
> question on wills
>
>
>   In a message dated 1/30/04 2:00:46 PM Central
> Standard Time, [log in to unmask] writes:
>
>
>     Then too, don't forget that "quit-claims" were
> the very common legal device by which siblings
> passed their undivided interest in lands inherited
> to their other siblings, so always check the deed
> records for at least a year after a death to see if
> any one child bought the land from the others.  Paul
>
>
>
>   In fact because of the quit claim deed to myself,
> we just did not file my fathers will!
>
>   regards
>
>   ALyce
>
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