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Trust verses quick claim deed

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karenste

Junior Member
What is the name of your state (only U.S. law)? Utah
My parents gave me some ground next to them several years ago to build on when I chose, I have 1 brother and 1 sister who knew about this and did not care. I put my house up for sale in 2006 to build next to my dad to take care of him, he died before I was able to start my house, so now I have built my house and been living their almost a year. My parents left a trust dividing everything between the 3 of us. now my brother and sister have gotten together and decided to sell my parents house and property and split the money between the 2 of them, and informed me that since I got the ground to build my house I get nothing. can they do this. also when I was building my house I had to divide the property so they signed a quick claim deed and signed all the property over to me so it is all in my name, this was done after my father passed away, since this was done after the trust went into effect does this quick claim deed default the trust?
 


anteater

Senior Member
First, it is a quit claim.

Second, you don't say it, but I assume that your mother is also deceased.(?)

As a general answer, no, your siblings can not just make it up as they go along.

But your post is confusing as all blazes. What does this mean?
also when I was building my house I had to divide the property so they signed a quick claim deed and signed all the property over to me so it is all in my name, this was done after my father passed away, since this was done after the trust went into effect does this quick claim deed default the trust?
By "...all the property...", do you mean the the house that your parents lived in and the land on which it stands? Who is "they" that signed the quit claim? What property are your siblings selling?
 

karenste

Junior Member
Quit claim deed verses Trust

Let me start over, my parents home sat on 2.9 acres, I was given prior to both of their deaths ground to build a house next to theirs on part of the 2.9 acres.Now both of my parents are deceased and because the property had to be sub divided for me to build on my brother and sister signed a quit claim deed putting the home and 2.9 acres in my name.The land has now been divided into 4 seperate pieces of property all in my name. The trust states the their posseions will be divided between the three of us. The ground to build a house on was given to me before their deaths, after my father died (Mother passed away first) My brother took his truck, my sister took his 2 horses, and they now say they will sell the house and the 2 of them will split the money since I got ground to build my house on. Can they do anything if all the property is in my name?
 

anteater

Senior Member
You see, the problem is that you say that :
..I was given prior to both of their deaths ground to build a house next to theirs on part of the 2.9 acres..
Then you say:
...my brother and sister signed a quit claim deed putting the home and 2.9 acres in my name...
Are you using "given" to mean that your parents just gave you permission to build a house on the property? And not "given" in a legal sense, as in transferring title to you?

If you do not mean "given" in the legal sense, how was the land titled? Was it in the name of the trust you mention? And brother and sister are the successor trustees of the trust? And, acting in the role of trustees, they did a quit claim to you?

In any event, if the quit claim to you was valid, I don't see how they could sell any of the land. Which is not to say that they can't try. If I were you, I would be looking to retain an attorney.
 

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