who owns this house ?

[FFM]

What is the name of your state? TX

House purchased by A and B.
A and B's child and the spouse put money down on the house, but only A and B's name on the title.

A few month's later, Warranty Deeds executed.

Actually there were 4 Warranty Deeds same day, same place, no attorney, all notarized:
Gave A's interest to B
Gave B's interest to A
Gave A's interest to child
Gave B's interest to child

A died and Warranty deed was filed to give A's interest to B.

Later B became ill and warranty deed was filed giving B's interest to child.

Now B is mad at child and has joined with siblings of child to demand 50% interest in the house.

Meanwhile child and spouse have paid all payments directly to loan company, taxes, insurance, and home maintained/repaired by child and spouse (have records).

Two loans obtained for the property with child and spouse as owner (Title Insurance).

Thnx for your help

[Ohiogal]

Originally Posted by FFM

What is the name of your state? TX

House purchased by A and B.
A and B's child and the spouse put money down on the house, but only A and B's name on the title.

A few month's later, Warranty Deeds executed.

Actually there were 4 Warranty Deeds same day, same place, no attorney, all notarized:
Gave A's interest to B
Gave B's interest to A
Gave A's interest to child
Gave B's interest to child

A died and Warranty deed was filed to give A's interest to B.

Later B became ill and warranty deed was filed giving B's interest to child.

Now B is mad at child and has joined with siblings of child to demand 50% interest in the house.

Meanwhile child and spouse have paid all payments directly to loan company, taxes, insurance, and home maintained/repaired by child and spouse (have records).

Two loans obtained for the property with child and spouse as owner (Title Insurance).

Thnx for your help

Nice homework. Which deeds were filed and in what order?

[nextwife]

Originally Posted by FFM

What is the name of your state? TX

House purchased by A and B.
A and B's child and the spouse put money down on the house, but only A and B's name on the title.

A few month's later, Warranty Deeds executed.

Actually there were 4 Warranty Deeds same day, same place, no attorney, all notarized:
Gave A's interest to B
Gave B's interest to A
Gave A's interest to child
Gave B's interest to child

Yup. The deed order (and good title PRIOR to these deeds) are important bits of info. If A gave their interest to B, they no longer had that interest to deed to child.

AND what was the point of deeding each other's interest OUT to each other? What was the point of THAT?

[FFM]

All 4 deeds executed at the same time, same place, same time, same notary--no time stamp; don't think there is possibility of determining which executed first.

Previous title was in A and B's name.

Reason for all the Warranty Deeds?
If A dies, property goes to B
If B dies, property goes to A
or if they both die property goes to child

--because of problems with other children (siblings) A and B wanted to make sure there wasn't a problem for child to get property.

This will probably go to court because child is not giving up property; B and child's siblings are trying to show 50% interest.

FFM

[FFM]

Sorry, forgot to answer...

A died and the deed giving interest to B was filed with County Clerk.

Later, deed giving B's interest to child was filed with County Clerk.

Later, property refinanced in child and spouse's name.

Later, home equity loan (on property) in child and spouse's name obtained.

Child sees no reason the other 2 deeds are necessary, because ownership seems obvious--it's the child's property now.

Even if this is correct, B and child's siblings plan to take child to court over this because of some money put down on the property when it was purchased by A and B.

The money put down on the house is a messy situation because A and B owed child and spouse some money (money owed was more than put down on the house).

FFM

[Zigner]

What class is this for?

[FFM]

Originally Posted by Zigner

What class is this for?

Nope, this is real life! It's my life! Living a nightmare!

A = Dad
B = Mom
child = me
spouse = my husband

messy family situation = my nightmare!

FFM

[nextwife]

Originally Posted by FFM

All 4 deeds executed at the same time, same place, same time, same notary--no time stamp; don't think there is possibility of determining which executed first.

Previous title was in A and B's name.

Reason for all the Warranty Deeds?
If A dies, property goes to B
If B dies, property goes to A
or if they both die property goes to child

--because of problems with other children (siblings) A and B wanted to make sure there wasn't a problem for child to get property.

This will probably go to court because child is not giving up property; B and child's siblings are trying to show 50% interest.

FFM

Surely no attorney suggested this convoluted approach to estate planning?

[FFM]

Originally Posted by nextwife

Surely no attorney suggested this convoluted approach to estate planning?

You're absolutely right!
That is precisely the problem.

It's much more difficult to fix problems such as this than to pay an attorney for help in the first place!

[FlyingRon]

Originally Posted by FFM

Actually there were 4 Warranty Deeds same day, same place, no attorney, all notarized:
Gave A's interest to B
Gave B's interest to A
Gave A's interest to child
Gave B's interest to child

At this point does B have any interest to convey to the child.
Sounds like B gave up all rights in step #2. Were these bogosities recorded?

A died and Warranty deed was filed to give A's interest to B.

Presuming the above deeds were valid, there was no interest here to transfer, the children own it all.

Later B became ill and warranty deed was filed giving B's interest to child.

Even if B had an interest this is a massively stupid idea as is all the other steps.

Based on the above, there were a lot of bogus warranties made by people who had no ownership which is outright fraud.

The lawyer involved should be reported and disbarred.

A real lawyer (and possibly multiple ones because of the competing interests) will be necessary to unravel this mess.

[HomeGuru]

I quote:

A real lawyer (and possibly multiple ones because of the competing interests) will be necessary to unravel this mess.