Quitclaim Deed

[DebbieABowen]

What is the name of your state (only U.S. law)? Minnesota. My mother quitclaimed property to my brother as an inheritence and now she needs the land back to sell to support herself can she do that? Neither by brother or I can supplement her income. It's been 4 years and her financial situation changed.

 

[justalayman]

it is brothers property now. They only mechanism for transferring the property to mom would be for brother to deed it to mom.

 

[JETX]

What is the name of your state (only U.S. law)? Minnesota. My mother quitclaimed property to my brother as an inheritence and now she needs the land back to sell to support herself can she do that? Neither by brother or I can supplement her income. It's been 4 years and her financial situation changed.

Was the quit claim filed with the county clerk/registrar?? If so, then it is his property.... and he can do as he wants with it.
However, if it has NOT been filed, she needs to IMMEDIATELY quit claim to someone else and that person has to file with the county clerk/registrar. This will void the quit claim to your brother.
Then the NEW owner can do as he/she wants.... including quit claiming back to your mother.

 

[Ozark_Sophist]

Is mother seeking Medicaid?

 

[justalayman]

How about if it was not registered, brother simply destroys the deed?

That is as long as brother is willing.

If brother is not willing;

I cannot find support for when Minnesota considers title/interest to be trasferred; upon execution of the deed or upon registration of the deed.

If it is upon registration, then JETX's method would work. If it is upon execution of the deed, then his method will not work as bro's deed will be dated before any subsequent deed and will be superior in its claims.


Maybe JETX has support for which system Minnesota utilizes. I could not find anything.