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Dysfunctional Family Revocable Trust Question Please Help!!

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Flygirl313

Junior Member
What is the name of your state (only U.S. law)? Michigan

The Problem: I please need help understanding what is going on with my parents home which I was set to solely inherit but I believe that may have changed when I went to research this online. I have two brothers that I have not spoken to in over 17 years that are angry my parents put the house in my name. The reason for this is because I am to be my mothers caretaker when my father passes away and in turn she would give me the house. This was not my decision to do this but that's how my mom wanted things which has put me in a war with my brothers.

The Dysfunction: My mother has always played favorites she worships my brothers but not me her only daughter. We have never gotten along. She is abusive to me. I was elected to care for her because no one else wants to do it. One of my brothers and my mother had a falling out because of this house situation they didn't speak for a few years but recently made up. Hes coming back around again which made me suspicious so I decided to research online to see if my mom had made any changes to our agreement.

I found she has changed the Quit Claim Deed to the house with myself and both my parents listed as Grantees. It now states just my parents names listed as Grantees and underneath that it states REVOCABLE TRUST. My name is no longer anywhere to be found.

On a side note, my mother and my grandmother had the same exact agreement which my grandmother didn't keep. She made my mother move in with her to be her caretaker in her later years then behind my mothers back left everything to my moms sister who didn't do one thing to care for her. Obviously, my grandmother and mother had a very dysfunctional relationship and I'm afraid my mom is repeating history.

Can someone please explain what is going on I need to know if I am no longer solely inheriting the house. Of course, I was not notified of this change. This was done in secret. Thank you in advance for any help you may give.
 


FlyingRon

Senior Member
What do you mean they "changed" the deed. You can't change the deed. A deed is immutable. The "title" to real estate is the entire sequence of deeds in history that conveys (or not) the property interests from grantor to grantee. If they deeded their entire interest in the property to you (hopefully you had it recorded), any subsequent deed has no validity. A quit claim deed, in fact, makes no representations that the grantors have any rights to give up. I could execute a perfectly valid quit claim deed to you on the Empire State Building. It wouldn't mean much as I don't have any legal claim to it.

Caring for someone gives you no claim on their estate.
Verbal agreements or other statements are meaningless when it comes to real estate.

The first thing you should have done when deeded the property is to get a title search done and owner's title insurance to warrant that search. It's not even the case that traditional family owned property is without extraneous claim. I wouldn't take land from my sainted aunt without title insurance. You can do the search now, but you might be better suited in bringing all the paper you have to an attorney.

If it's NOT the case that you were ever given the property, then you'll have to settle for your parents whims as to how they have set up and in the future may revise the trust. It's their property, not yours no matter how rotten your siblings are or how devoted you are to your parents.
 

Flygirl313

Junior Member
Thank you for your response. Can you please break this down for me a little further. I am still confused about why my parents placed the property into a revocable trust. Im unsure why they would have done this without notifying me. Thank you!!


What do you mean they "changed" the deed. You can't change the deed. A deed is immutable. The "title" to real estate is the entire sequence of deeds in history that conveys (or not) the property interests from grantor to grantee. If they deeded their entire interest in the property to you (hopefully you had it recorded), any subsequent deed has no validity. A quit claim deed, in fact, makes no representations that the grantors have any rights to give up. I could execute a perfectly valid quit claim deed to you on the Empire State Building. It wouldn't mean much as I don't have any legal claim to it.

Caring for someone gives you no claim on their estate.
Verbal agreements or other statements are meaningless when it comes to real estate.

The first thing you should have done when deeded the property is to get a title search done and owner's title insurance to warrant that search. It's not even the case that traditional family owned property is without extraneous claim. I wouldn't take land from my sainted aunt without title insurance. You can do the search now, but you might be better suited in bringing all the paper you have to an attorney.

If it's NOT the case that you were ever given the property, then you'll have to settle for your parents whims as to how they have set up and in the future may revise the trust. It's their property, not yours no matter how rotten your siblings are or how devoted you are to your parents.
 

FlyingRon

Senior Member
Thank you for your response. Can you please break this down for me a little further. I am still confused about why my parents placed the property into a revocable trust. Im unsure why they would have done this without notifying me. Thank you!!
Why they put it in a trust? It's usually a reasonable way of making sure it conveys as they desire.
Why would they not notify you? Why should they? It's none of your business. It's there property.

I'm still having a hard time understanding how they could "put the property in your name" and then also "put it in a revocable trust."
These are contradictions. They have done one or the other.
 

Flygirl313

Junior Member
Why they put it in a trust? It's usually a reasonable way of making sure it conveys as they desire.
Why would they not notify you? Why should they? It's none of your business. It's there property.

I'm still having a hard time understanding how they could "put the property in your name" and then also "put it in a revocable trust."
These are contradictions. They have done one or the other.

Actually, it is my business being we made an agreement that's why I am on here wondering what is going on because it looks like this may have changed. I dont mean to come off as ignorant but I dont understand how I can be included in a Quit Claim Deed then discovered from researching online my parents put the property in a Revocable Trust with only their names on it. Does this make sense? Can you please clarify this for me? Thank you.
 

Flygirl313

Junior Member
Actually, it is my business being we made an agreement that's why I am on here wondering what is going on because it looks like this may have changed. I dont mean to come off as ignorant but I dont understand how I can be included in a Quit Claim Deed then discovered from researching online my parents put the property in a Revocable Trust with only their names on it. Does this make sense? Can you please clarify this for me? Thank you.
Perhaps this may help this is what I discovered online both are Quit Claim Deeds filed on different dates:
______________________________________
Grantor
John Doe MARRIED
Jane Doe HW

Grantee
John Smith TRU
Jane Doe TRU
REVOCABLE TRUST
_______________________________________

_______________________________________
Grantor
John Doe MARRIED
Jane Doe HW MARRIED

Grantee
John Doe MARRIED
Jane Doe HW MARRIED
Daughter Doe SINGLE
_______________________________________
 

FlyingRon

Senior Member
OK, It matters now which ORDER they executed them.

If the one with your name on it occurred first, you were given 1/3 of the property by that instrument. Your parents retained 2/3.
The second one transfers their 2/3 of the property into their trusts. Your 1/3 is unaffected.

If the one with the trusts on it occured first, the first transfers the property into their trusts.
The second one conveys NOTHING.
 

Ohiogal

Queen Bee
Actually, it is my business being we made an agreement that's why I am on here wondering what is going on because it looks like this may have changed. I dont mean to come off as ignorant but I dont understand how I can be included in a Quit Claim Deed then discovered from researching online my parents put the property in a Revocable Trust with only their names on it. Does this make sense? Can you please clarify this for me? Thank you.
Agreements for real estate must be in writing. If not in writing and a proper contract, then you have nothing.
 

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