• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

amend a deed?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

GA456

Junior Member
What is the name of your state (only U.S. law)? new york

Apparently, my mother signed a warranty deed and named me and my siblings as grantees a few years after my father passed away. The first covenant states that she, as grantor, shall quietly enjoy the premises. My siblings and I never really asked questions about our parent's finances, estate, etc. It was always mentioned that the house would go to the four of us someday, but we didn't know that she actually filed the deed. I just want to get some clarification on the situation. Does this now mean that me and my siblings own the house/property? Or does it mean that rights to the house/property will transfer upon my mother's death? Or neither?

I'm pretty sure at least two of us don't want anything to do with this house. It's just in bad shape and we don't live close enough to maintain it. However. the other two wants to keep it for sentimental reasons. I really just wish my mother consulted with us all from the get go and didn't put all four of our names down. Is it possible for my mother to amend the deed to just the two who want to keep the house?

I foresee this blowing up into something ugly and I frankly do not trust that my siblings can all uphold their end of the responsibility. I mean, what would happen if I passed away? Would my husband, or children, become jointly responsible along with my siblings?
 


FlyingRon

Senior Member
It means that you are technically owners of the house now but your mother has right to it (live there, keep it up, pay the taxes) until she dies.

Your options if you just want to walk away is to quit claim it to the others (or you can legally fight the original transfer). If you want money for it then it becomes dicey. Either those who want to retain it have to negotiate to buy out the others or you should all sell the property and split the proceeds. If you are unable to work that out, then going to court to force the latter is a possibility.

Mom was ill-advised to do what she did. It can screw up her medicaid, it is probably bad tax wise for all involved, and as pointed out can end up being pretty contentious.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top