claiming deceased's portion

[Slate16]

What is the name of your state? FL

I posted in the past asking for my grandfather having signed a quitclaim. I finally got to speak to a lawyer about it. The short version is that they cannot take it on contingency due to all 4 individuals being on the original deed and they would have to litigate. He mentioned a possible lawsuit for fraud (a whole other story). They believe that all other attorneys would feel the same. My grandfather is broke so hiring one is out of the question. They did say that they were not able to find the quitclaim in public records, so it does not appear it was ever filed. They did suggest perhaps consulting a real estate lawyer - this was an elder care lawyer.

The property had a joint tenancy with the full rights of survivorship on the deed. So my question is two fold. First off, is there any thing that my grandfather can do without a lawyer regarding the quit claim. The second is, my grandmother passed away never having signed the quit claim. How would my grandfather obtain his 1/3 of her 1/4 of the land and make his children buy him out of his portion? I thought there was something about removing people from a mortgage.... my girlfriend went through this during her divorce, but I realize this is a different situation.

I am at the end of my possibilities and feel real bad for my grandfather and real pissed at his children for doing this to him. So any advice would be appreciated.

slate16

 

[HomeGuru]

What is the name of your state? FL

I posted in the past asking for my grandfather having signed a quitclaim. I finally got to speak to a lawyer about it. The short version is that they cannot take it on contingency due to all 4 individuals being on the original deed and they would have to litigate. He mentioned a possible lawsuit for fraud (a whole other story). They believe that all other attorneys would feel the same. My grandfather is broke so hiring one is out of the question. They did say that they were not able to find the quitclaim in public records, so it does not appear it was ever filed. They did suggest perhaps consulting a real estate lawyer - this was an elder care lawyer.

The property had a joint tenancy with the full rights of survivorship on the deed. So my question is two fold. First off, is there any thing that my grandfather can do without a lawyer regarding the quit claim. The second is, my grandmother passed away never having signed the quit claim. How would my grandfather obtain his 1/3 of her 1/4 of the land and make his children buy him out of his portion? I thought there was something about removing people from a mortgage.... my girlfriend went through this during her divorce, but I realize this is a different situation.

I am at the end of my possibilities and feel real bad for my grandfather and real pissed at his children for doing this to him. So any advice would be appreciated.

slate16

**A: post to your initial post to possibly decrease the confusion.

 

[BelizeBreeze]

**A: post to your intitial post to possibly decrease the confusion.

Too late, I'm already confused

 

[HomeGuru]

Yes, we know since you were born rather confused. But at that time your mother was the most confused one.

 

[BelizeBreeze]

Yes, we know since you were born rather confused. But at that time your mother was the most confused one.

Actually, it was the milkman

 

[HomeGuru]

Hmmmmmmm, so were you breastfed or did your fodder bring home your meals from work?

 

[HomeGuru]

Here's the original:

am asking this question for my grandfather. About 1 1/2 yrs ago he signed a quitdeed. I just learned about this recently for he was too embarrassed to tell anyone this happened. He signed the property over to my aunt and uncle. Unfortunately he is 86 and was ill, confused and trusting of them at the time - his words. He felt pressured to sign, so he did. I do not know if my grandmother ever signed, I would have to ask him, she has recently passed away.

Anyway, they were removed from my aunt and uncles home due to not being taken care of properly. My grandfather is now just barely getting by paying for his nursing care. I had reported this incident to the elder abuse line in FL so they are investigating. In the mean time, I looked up some info on the web regarding the property and have found that the property is still in my grandparents' names.

My questions are, is this normal that it would still be in their names and is there anything that could be done at this point to help him? I have spoken with a lawyer (a friend) and he said that if he was coerced into signing we may have a case. Can anyone offer any advice?

**A: do you know how to follow directions? Do you have slate for brains?
Look at my first response in this thread and follow it. Geez, do we have to draw stick figure cartoon diagrams for you too?

 

[BelizeBreeze]

Hmmmmmmm, so were you breastfed or did your fodder bring home your meals from work?

This thread is UDDERLY ridiculous

 

[HomeGuru]

And that ain't no bull.

 

[beener]

Been through this

Well, There are only a few ways to get your Grand fathers share.
If your grandfather had a will, and stated what happens to the Property when he passes then that must be followed. If not then the rights go to your Grandmother (assuming she is still alive)... If not then it goes to the children. Since all of you are on the title then you are all part owners. The Estate lawyer will ask what you plan to do with it. If you want to sell and they don't(other people on the title) Then you go to Probate court... Good luck with that... Bring out the check book...