Quit Claim

[ozmonster]

My Dad just recently passed away. Before which he quit claimed the property to himself and me.
Now my sister wants to sue me for the property because she was left all his "Property" in his will.
My attorny suggests i let her buy me out.
Does she indeed have calim to half the property?

 

[peter]

Yes she has rights to the property .. daddy had a will stating your sister gets the property...in fact YOU should be the one to to pay her.

The will comes FIRST, and since he didnt update the will to include the quit claim, she is entitled to the property not you!

She could sue you for fraud...i would

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ozmonster:
My Dad just recently passed away. Before which he quit claimed the property to himself and me.
Now my sister wants to sue me for the property because she was left all his "Property" in his will.
My attorny suggests i let her buy me out.
Does she indeed have calim to half the property?<HR></BLOCKQUOTE>

This is a tough call being that you have not provided any dates as to the execution of the will and the Quit Claim Deed. If the date of the Deed transfer was after the date the will was made, then my position is that the act of the execution of the Deed takes precedence over the will instructions. In other words he changed his mind. Because of the discrepancy as to the determination of the rightful beneficiaries, there could be a dispute in Probate Court.

Maybe a fair approach is to each retain half ownership in the property or sell it and divide the proceeds equally.

 

[ozmonster]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
This is a tough call being that you have not provided any dates as to the execution of the will and the Quit Claim Deed. If the date of the Deed transfer was after the date the will was made, then my position is that the act of the execution of the Deed takes precedence over the will instructions. In other words he changed his mind. Because of the discrepancy as to the determination of the rightful beneficiaries, there could be a dispute in Probate Court.

Maybe a fair approach is to each retain half ownership in the property or sell it and divide the proceeds equally.<HR></BLOCKQUOTE>

The deed transfer took place a year after the will was written.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ozmonster:
The deed transfer took place a year after the will was written.

<HR></BLOCKQUOTE>

OK, one point for your side. How did you hold title to the property on the Quit Claim Deed, was it joint tenants or tenants in common? If joint, you own the entire property as far as the deed is concerned. If TC, your sister owns half the property per the will.

 

[ozmonster]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
OK, one point for your side. How did you hold title to the property on the Quit Claim Deed, was it joint tenants or tenants in common? If joint, you own the entire property as far as the deed is concerned. If TC, your sister owns half the property per the will. <HR></BLOCKQUOTE>

the quit claim deed is as follows:
quit claim deed

Grantor: my dad
Grantee: my dad and myself
describes the property
in consideration of One Dollar(1)
Signed in the presence of: ie: the lawer,dad and another woman

and the quit claim is recorded at the county courthouse

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ozmonster:
the quit claim deed is as follows:
quit claim deed

Grantor: my dad
Grantee: my dad and myself
describes the property
in consideration of One Dollar(1)
Signed in the presence of: ie: the lawer,dad and another woman

and the quit claim is recorded at the county courthouse


<HR></BLOCKQUOTE>

Not enough info provided. There should be a sentence somewhere that states something like "Title vested to John and James Doe, Grantees, (THIS IS THE IMPORTANT PART) as joint tenants or tenants in common. Which is it?

 

[ozmonster]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
Not enough info provided. There should be a sentence somewhere that states something like "Title vested to John and James Doe, Grantees, (THIS IS THE IMPORTANT PART) as joint tenants or tenants in common. Which is it?<HR></BLOCKQUOTE>
There is nothing like that
just "GRANTEES:LEONARD AND HOWARD"
the property was on a land contract and upon dads death i paid it off.
the owner of the property wont issue title of insurance or give up the deed.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ozmonster:

Originally posted by HomeGuru:
Not enough info provided. There should be a sentence somewhere that states something like "Title vested to John and James Doe, Grantees, (THIS IS THE IMPORTANT PART) as joint tenants or tenants in common. Which is it?<HR></BLOCKQUOTE>
There is nothing like that
just "GRANTEES:LEONARD AND HOWARD"
the property was on a land contract and upon dads death i paid it off.
the owner of the property wont issue title of insurance or give up the deed.

**************************************
HomeGuru says that here are some real discrepancies and complications here.

1) You stated that your Dad deeded the property to himself and you. If the property was owned by your Dad by way of a land contract, conveyance of his interest to himself and you would be by way of an Assignment of the existing land contract. The deed conveyance is null and void since he never owned the deed and thus could not convey it. The deed has errors anyway. The Seller that sold the home to him still retains legal title and Dad only had equitable title in the property. In this case, when the land contract was paid off, the Seller would be the Grantor and you and your Dad would be the Grantee.

2) after you paid off the contract, the Seller should have deeded the property to you and you should have gotten title insurance (not from the Seller but) from a title insurance company. You now at this point in time have no deed, no title insurance and are not the legal owner of the property. You need to find out why. I will presume that you did not have a real estate agent or an attorney to help you. In addition and to make matter worse, you did not use an escrow company to close the transaction.
I do not understand how the Quit Claim Deed was recorded, but the land title is very mixed up.

3) being that your Dad passed away while the property was in his name only, the property must go into Probate. Whether he had a will or not, it does not make any difference because he was the sole owner (Buyer/Vendee) on the land contract. Until such time as the Probate Court gives approval as to ownership interest in the property, you are not the owner and the Estate is.

4) getting back to your original question, please understand that you have no interest to fight with your sister about due to the above. Until such time as the Probate Court gives approval and the correct form Deed is recorded in your name with title insurance, you are not the legal owner.

Does your attorney know all of this and advised you accordingly? How can your attorney advise you to let your sister buy you out when you do not even have interest in the property and the title is very clouded.

[This message has been edited by HomeGuru (edited August 15, 2000).]

 

[ozmonster]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
**************************************
HomeGuru says that here are some real discrepancies and complications here.

1) You stated that your Dad deeded the property to himself and you. If the property was owned by your Dad by way of a land contract, conveyance of his interest to himself and you would be by way of an Assignment of the existing land contract. The deed conveyance is null and void since he never owned the deed and thus could not convey it. The deed has errors anyway. The Seller that sold the home to him still retains legal title and Dad only had equitable title in the property. In this case, when the land contract was paid off, the Seller would be the Grantor and you and your Dad would be the Grantee.

2) after you paid off the contract, the Seller should have deeded the property to you and you should have gotten title insurance (not from the Seller but) from a title insurance company. You now at this point in time have no deed, no title insurance and are not the legal owner of the property. You need to find out why. I will presume that you did not have a real estate agent or an attorney to help you. In addition and to make matter worse, you did not use an escrow company to close the transaction.
I do not understand how the Quit Claim Deed was recorded, but the land title is very mixed up.

3) being that your Dad passed away while the property was in his name only, the property must go into Probate. Whether he had a will or not, it does not make any difference because he was the sole owner (Buyer/Vendee) on the land contract. Until such time as the Probate Court gives approval as to ownership interest in the property, you are not the owner and the Estate is.

4) getting back to your original question, please understand that you have no interest to fight with your sister about due to the above. Until such time as the Probate Court gives approval and the correct form Deed is recorded in your name with title insurance, you are not the legal owner.

Does your attorney know all of this and advised you accordingly? How can your attorney advise you to let your sister buy you out when you do not even have interest in the property and the title is very clouded.

[This message has been edited by HomeGuru (edited August 15, 2000).]<HR></BLOCKQUOTE>


Thank you for your help.
I do have an attorny, but he seems to have no balls in the issue. He did talk to the owner about the title insurance and the deed.
he has told me nothing more. My real estate agent is out of state until monday. Upon my agents return i will seek more advice form he specialized attorny in land matters.
I will most likely be fireing this attorny,he doesnt advise me on anything or tell me where i stand and what is wrong.
again thank you for your help.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ozmonster:

Thank you for your help.
I do have an attorny, but he seems to have no balls in the issue. He did talk to the owner about the title insurance and the deed.
he has told me nothing more. My real estate agent is out of state until monday. Upon my agents return i will seek more advice form he specialized attorny in land matters.
I will most likely be fireing this attorny,he doesnt advise me on anything or tell me where i stand and what is wrong.
again thank you for your help.<HR></BLOCKQUOTE>

Sorry to hear that your attorney has no testicular fortitude. This attorney and your real estate agent are real winners in my book. I could probably cite 10 standards and ethics that the agent is in violation of. Make him/her use the sales commission money to hire an attorney to clear title. Did the land contract transaction go through escrow? If not, why not?

 

[ozmonster]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
Sorry to hear that your attorney has no testicular fortitude. This attorney and your real estate agent are real winners in my book. I could probably cite 10 standards and ethics that the agent is in violation of. Make him/her use the sales commission money to hire an attorney to clear title. Did the land contract transaction go through escrow? If not, why not?<HR></BLOCKQUOTE>

My agent at this point has not been offically involved. We were in the process of buying a house when all this occured. I dont know What the financing went through, but i can tell you but the payments went through a bank. The bank has in it's records, that i went and paid off the contract-the recipt in thier records has my name on it.I couldnt get them to give me a xeroxed copy of it.
i have a copy of the closed account records.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ozmonster:
My agent at this point has not been offically involved. We were in the process of buying a house when all this occured. I dont know What the financing went through, but i can tell you but the payments went through a bank. The bank has in it's records, that i went and paid off the contract-the recipt in thier records has my name on it.I couldnt get them to give me a xeroxed copy of it.
i have a copy of the closed account records.

<HR></BLOCKQUOTE>

What other details have you not mentioned? You have gone about this all wrong and it's not surprising that things are so messed up. Hire a good real estate attorney right away. I do not think you fully realize the extent of your problems.