Grandmother's Warranty Deed

[adavis]

What is the name of your state (only U.S. law)? GA
The issue at hand is that in 1978 my now 91 year old Grandmother signed a warranty deed giveing her daughters her property in exchange for love and affection. She retained a life estate.

The daugheters verbally agreed to maintain the property and pay the taxes and insurance. This has been done until two years ago. Two years ago one of the daughters passed away. He share of the property was to pass to her three children.

Once the eldest daughter passes away, no one wanted to pay the taxes, insurance, or to maintain the property. The yougest daughter feels that if the other won't pay, then she should not pay either.

My Grandmother wanted to sell the property, but I told her due to the warranty deed, I did not think she would be able to sell the property.

The question we have is there any way to place a security deed on the property to recover some of the cost to maintain the property or is there some other way to recover money that is being expended? I just went to the house and a new roof has to be installed due to a leak and the age of the roof. The taxes are coming due as is the insurance.

I have paid the taxes, insurance and maintance on the property for the last two years along with care for my Grandmother. Unfortunatly she has become sick and been hospitalized three times in the last 6 months and my money is going out faster than it is coming in. I do not think that I can continue to fund medical, home care and the property.

Do I have any recourse?

Hiring an attorney is an option if there is a way to be repaid for the money I expend on my Grandmother's behalf and on the property.

My Grandmother is of sound mind, we just need to know what if anything can be done to legally assist us.

Any suggestions would be helpful.

Thank You!

 

[HomeGuru]

What is the name of your state (only U.S. law)? GA
The issue at hand is that in 1978 my now 91 year old Grandmother signed a warranty deed giveing her daughters her property in exchange for love and affection. She retained a life estate.

The daugheters verbally agreed to maintain the property and pay the taxes and insurance. This has been done until two years ago. Two years ago one of the daughters passed away. He share of the property was to pass to her three children.

Once the eldest daughter passes away, no one wanted to pay the taxes, insurance, or to maintain the property. The yougest daughter feels that if the other won't pay, then she should not pay either.

My Grandmother wanted to sell the property, but I told her due to the warranty deed, I did not think she would be able to sell the property.

The question we have is there any way to place a security deed on the property to recover some of the cost to maintain the property or is there some other way to recover money that is being expended? I just went to the house and a new roof has to be installed due to a leak and the age of the roof. The taxes are coming due as is the insurance.

I have paid the taxes, insurance and maintance on the property for the last two years along with care for my Grandmother. Unfortunatly she has become sick and been hospitalized three times in the last 6 months and my money is going out faster than it is coming in. I do not think that I can continue to fund medical, home care and the property.

Do I have any recourse?

Hiring an attorney is an option if there is a way to be repaid for the money I expend on my Grandmother's behalf and on the property.

My Grandmother is of sound mind, we just need to know what if anything can be done to legally assist us.

Any suggestions would be helpful.

Thank You!

**A: grandmother needs to hire an attorney to force the property to be maintained and the bills paid.

 

[Slammedtgs]

From my understanding of Deeds, a Warranty deed is an explicit promise of a good, clear title. Has the deed been taken to the local court house to transfer the title, or is the deed just locked away right now. So long as the deed has not been filed, and your grandmother still retains ownership you I dont think you or the children are responsible for it. If the children still own the house, file for an artisans lien. An artisans lien allows for someone who added value or cared for property to be compensated.

The life estate simply means that your grandmother can live there until her death, and then ownership will transfer to heirs. Maybe you could get a home equity loan that will provide enough funds to take care of the estate until she passes, at which time the house would be sold or the loan would be paid back.

The grandmother getting a attorney and suing for care would be pointless in my eyes, it would add costs to a situation that is already under financial stress. Some form of agreement needs to take place between the heirs. If you want a piece of the estate - you better help out now.. If the taxes are not paid, it doesnt matter who posses the deed, the county will take the house for tax revenue.

 

[Rexlan]

As HomeGuru said, grandmother needs to file suit for breach and her damages will be the cost of past/future maintenance and upkeep consistent with the terms of the conveyance. If she wins, which she very well may, then she will be compensated for past and future expenses and can probably use the property as security for that purpose.

She does not own the property and only has a right to have the terms enforced.

I would consult with a local attorney. Unless there is a significant amount of money involved from the value of the property, I suspect that the sisters will fold as soon as the suit is filed. The suit is needed now to establish the damages and for you to recover your past expenses. They will either pay-up on their shares or look for a way to get out of the property ... probably by giving it to you as restitution. Either way, you get your $$ back and grandmother gets the benefit or her bargain.

Additionally, there is a possibility that the daughters will sell their interest in the property and that will further complicate the issue. You need to take care of this promptly.

Isn't is sad what society has taught the past generation about responsibility and character in general .... to bad the daughters could not be taken out behind the shed and a little hide removed from their sorry asses!

No more questions ... go see a local attorney.