Can family farm be sold legally without Clear Title?

[Just Blue]

Thank you for your answer. Looks like the days of a man's word being is bond are truly over. I hopeour unfortunate experience helps someone else to not make the same mistake of trusting that a contract isn't necessary just because someone is family. A very hard lesson learned indeed.

Not legal:

I just want to say how sorry I am that you are going through this. It must be extra painful because it's your child. Very sorry...

 

[justalayman]

Your mother really needs to see an attorney about this. Depending on all of the facts the deed she executed may not have transferred any valid interest to the other party. Your statement of title still being shown as the deceased grandfather suggests probate may not have occurred and depending on all of the facts, your mother may not have had any interest at the time of the execution of the deed. If true, and depending on the deed and other facts, she may have transferred no interest at all to the son.


There are way too many facts not known here to determine whether her transfer of the property was effective.

 

[Taxing Matters]

Your mother really needs to see an attorney about this. Depending on all of the facts the deed she executed may not have transferred any valid interest to the other party. Your statement of title still being shown as the deceased grandfather suggests probate may not have occurred and depending on all of the facts, your mother may not have had any interest at the time of the execution of the deed. If true, and depending on the deed and other facts, she may have transferred no interest at all to the son.

If the mother and uncle were the rightful beneficiaries of the property, the deed they gave giving up their interest in it is likely valid even though there is a gap in the chain of title.

 

[justalayman]

If the mother and uncle were the rightful beneficiaries of the property, the deed they gave giving up their interest in it is likely valid even though there is a gap in the chain of title.

IF

A very important word that we cannot know whether it is true or not based on the info provided.



If they are the rightful heirs there is no true gap. Real estate devolves immediately upon death to the devisee or heir. The gap is simply a matter of determination and recording of the fact.

My point is simply that there is enough missing here that it would be wise to have the situation reviewed by an attorney who can review the situation.