deeds

[kycatfan17]

What is the name of your state? Kentucky
Long story short: my 53 yr old uncle has lived at home with his mother(my grandmother) since he was born. He has always had somewhat of a minor learning disability but holds a full-time job, buys his own vehicles, helps with groceries, housework, etc...I help with his taxes and my grandmother or myself would always fill out any checks that he had to write and he would sign them. After his father(my grandfather) died in 1999, my grandmother put him on the deed to her house just to make sure that he would have a place to live when she passed on. She has two other children, my mother and my aunt. About 6 months ago, my uncle met a woman at work and has fallen in love. This woman is my age, about 37 and has already been married twice and has a 16-yr old daughter. About 5 months ago, my grandmother had to have emergency surgery. She pulled through fine and has since had another major surgery that she did well with also. Now she is just trying to recuperate. My uncle has announced that he and the girlfriend are getting married. At first they set an August date. My grandmother talked them into a February date so that she would have more time to heal and could attend comfortably. Just found out yesterday that he's getting married in two days, they are having an ordained minister come to her apartment and marry them. He will then move in with her. They haven't invited anyone except my grandmother who told them that there was no way she could come that late notice. I am assuming that he has told her that his name is on the deed and that when my grandmother dies, he gets the house. Can't help but be suspicious. I guess my questions are:
1. What happens if my grandmother passes away before she has a chance to take my uncle off the deed?
2. Is this woman immediately entitled to half the sale of the house with my uncle, should my grandmother decide to sell it and move into a condo?
3. If she waits until they get married and then takes him off the deed, I'm pretty sure that she will need his signature proving that he is aware that she is removing him, but will she then also legally have to have the wifes signature as well?
Any help would be appreciated.What is the name of your state?

[nextwife]

Originally Posted by kycatfan17

my grandmother put him on the deed to her house just to make sure that he would have a place to live when she passed on.

I am assuming that he has told her that his name is on the deed and that when my grandmother dies, he gets the house. Can't help but be suspicious. I guess my questions are:
1. What happens if my grandmother passes away before she has a chance to take my uncle off the deed?
2. Is this woman immediately entitled to half the sale of the house with my uncle, should my grandmother decide to sell it and move into a condo?
3. If she waits until they get married and then takes him off the deed, I'm pretty sure that she will need his signature proving that he is aware that she is removing him, but will she then also legally have to have the wifes signature as well?

Most of what you posted is irrelevant.

Grandma put him on the deed. He is now a co-owner. She CANNOT remove someone else from title. Only Uncle can remove (deed out) uncles interest!

HOW they hold title between them (Grandma & Uncle) determines what happens to the other's interest if one dies.

So please tell us EXACLY how the property is titled.

[kycatfan17]

Both names are on the deed to the house. When grandfather passed, grandmother had uncles name put on with hers.

[nextwife]

But HOW do they hold title between them?

Please type what the ownership is on the deed:

John Smith and Marry Jones, as Tenants in Common
John Smith and Mary Jones , as Joint Tenants
The John Smith and Mary Jones Trust

See what I mean?

[kycatfan17]

not 100% sure but I believe as joint tenants

[nextwife]

Originally Posted by kycatfan17

not 100% sure but I believe as joint tenants

Find out. The deed is in the public record. NO accvurate information about what happens can be given without it.

[kycatfan17]

Here's how the first paragraph of the deed reads:

This deed made and entered into as of October 20, 1999 by and between grandmother, widow of grandfather, ("Grantor"), and grandmother, unmarried, and uncle, unmarried, ("Grantees"), home address.

Does this help?

[LdiJ]

Originally Posted by kycatfan17

Here's how the first paragraph of the deed reads:

This deed made and entered into as of October 20, 1999 by and between grandmother, widow of grandfather, ("Grantor"), and grandmother, unmarried, and uncle, unmarried, ("Grantees"), home address.

Does this help?

No....a further paragraph most likely explains in what manner they are co-owners.

[kycatfan17]

Witnesseth:
That for a valuable consideration, the receipt of which is hereby acknowledged, Grandfather hereby conveys with covenant of General Warranty to the Grandmother and uncle, for and during their joint lives with the remainder in Fee Simple to the survivor of them, the following described real property, together with all improvements thereon, located in county, Commonwealth of KY, to-wit:
Being lot# in subdivision, as shown on the Plat of same recorded in
Plat****************************.....

Being the same property conveyed to Grandfather and Grandmother
with covenant of General Warranty in joint survivorship with
remainder in fee simple to the survivor of them by Deed dated
December 12, 1958, of record in Deed Book ####...... Grandfather
died July 17, 1999.

Grantor covenants that she is lawfully seized of the estate hereby conveyed and that she has full right and power to convey same and that said estate is free of all encumbrances except easements and restrictions of record and zoning laws affecting said property, if any, and except State, County, and School taxes assessed and payable in the year 1999.

The PVA assessed value of the property conveyed herein is $*******. Pursuant to KRS 142.050 7(1), no transfer tax is due on this transaction because it is a conveyance between parent and child.


The rest is just Affadavit/certificate and their signatures.

[Ohiogal]

Originally Posted by kycatfan17

Witnesseth:
That for a valuable consideration, the receipt of which is hereby acknowledged, Grandfather hereby conveys with covenant of General Warranty to the Grandmother and uncle, for and during their joint lives with the remainder in Fee Simple to the survivor of them, the following described real property, together with all improvements thereon, located in county, Commonwealth of KY, to-wit:
Being lot# in subdivision, as shown on the Plat of same recorded in
Plat****************************.....

Being the same property conveyed to Grandfather and Grandmother
with covenant of General Warranty in joint survivorship with
remainder in fee simple to the survivor of them by Deed dated
December 12, 1958, of record in Deed Book ####...... Grandfather
died July 17, 1999.

Grantor covenants that she is lawfully seized of the estate hereby conveyed and that she has full right and power to convey same and that said estate is free of all encumbrances except easements and restrictions of record and zoning laws affecting said property, if any, and except State, County, and School taxes assessed and payable in the year 1999.

The PVA assessed value of the property conveyed herein is $*******. Pursuant to KRS 142.050 7(1), no transfer tax is due on this transaction because it is a conveyance between parent and child.


The rest is just Affadavit/certificate and their signatures.

Well Grandma and uncle own this house until one of them dies and the other gets it immediately. It should be separate property from the marriage unless uncle decides to refinance it or uses marital funds to pay any mortgage that may be on it. Grandma can't get uncle's name off the deed. Uncle would have to deed it back to her.

[LdiJ]

Originally Posted by Ohiogal

Uncle would have to deed it back to her.

Voluntarily.

[kycatfan17]

Many thanks for the info.
Hopefully it won't turn into anything ugly for my grandmother's sake.