quitclaim

[lynettewilemon]

What is the name of your state (only U.S. law)? Alabama

My mother passed away last October and left her home/property to one of my siblings. Another sibling claims he done a quitclaim and took it over. Can he legally do this without the signature or signing over from the original sibling that Mom left it to in her will?
Thank you.What is the name of your state (only U.S. law)?

[FlyingRon]

Every deed has a grantor and a grantee (a giver and a receiver). You must have the signature of a giver.

A quit claim as I stated in your other thread (before I realized you posted two), doesn't change ownership unless the grantor actually has ownership of the property to begin with.

Did the property get probated or otherwise legally transferred to the original sibling's name?

[lynettewilemon]

When Mom passed away, there was a lien on the home/property. Which Mom stated in the will would have to be paid off, then have the deed transferred into the name of the son she was leaving it to. So until financial company is paid off, it is still in her name.

[FlyingRon]

Has the estate been probated?

[lynettewilemon]

I'm not that familiar with all this...please bare with me. What exactly does probated mean?

[anteater]

Originally Posted by lynettewilemon

I'm not that familiar with all this...please bare with me. What exactly does probated mean?

Probate is the legal process of concluding the deceased's affairs, including the distribution of the deceased's assets according to the provisions of the deceased's will or the intestacy succession statutues of, in your case, Alabama.

Until probate occurs, your Mother has not "left her home/property" legally to anybody.

[nextwife]

And you'll need a title search done, so you know what you are dealing with.

"he done a quitclaim and took it over"

HE can't "done" a quitclaim deed. The OWNER had to have executed a quitclaim and had good title when they did so.

[FlyingRon]

Originally Posted by nextwife

The OWNER had to have executed a quitclaim and had good title when they did so.

Actually the quit claim makes no representation that the grantor was the owner or had good title.

The big issue is that the person giving up claim of ownership must sign. You can't quit claim something purely as
the recipient (grantee).

[tranquility]

Actually the quit claim makes no representation that the grantor was the owner or had good title.

Nextwife knows that. That is why she phrased things as she did--so as to give a precise and accurate answer.

The OWNER had to have executed a quitclaim and had good title when they did so.

In order to transfer property by quit claim, the owner has to have good title at the time of signing. Later aquired rights are not covered (Although would be argued if contemplated at the time of signing.).

[nextwife]

Originally Posted by tranquility

Nextwife knows that. That is why she phrased things as she did--so as to give a precise and accurate answer.
In order to transfer property by quit claim, the owner has to have good title at the time of signing. Later aquired rights are not covered (Although would be argued if contemplated at the time of signing.).

Thank you, Tranquility.

As stated, I am very aware that a QC can only convey whatever interest the quit cliaming party had, and that it offers no warranties. The QC is only as good as the interest the conveying party held at the time of transfer.

Technically., I can quit claim my interest in FlyingRon's house to our poster and have done nothing illegal or fraudulant. As my interest is zero, i'd be conveying zero interest in the property.