Quitclaim Deed?

[TR76]

What is the name of your state (only U.S. law)? IL

I am one of 4 children, and my parents are preparing their will recently. One of the siblings has been trying to find a way to get my parents to cut the rest of us out of the will altogether and today, my Mom asked me to sign a Quitclaim Deed. She claimed it was to put an additional person onto the Deed, but I've always associated Quitclaims as a way to remove someone and furthermore, take away their right to protest the will at a later date. I did not sign, not until I can research further.

Is what she is saying accurate, or are they effectively trying to remove the rest of us from inheriting anything?

 

[Zigner]

Are you on the deed now?

 

[tranquility]

A quitclaim dated today would not affect your rights later acquired.

I can give a quitclaim on the property you are talking about right now. All I would be saying is that I give everything I own about the property to the one I'm giving the deed to. Since I own none of the property, nothing is transferred. If I later inherit or buy the property, the prior quitclaim will not affect my rights.

That assumes you are an heir and not an owner with right of survivorship. If you already own the property (or some rights in in like as a beneficiary of a trust) a quitclaim may have some meaning.

Do you currently own the property or not?

 

[TR76]

My parents still own and live in the house, but I am an heir to the property (or at least was, unless they are in essence trying to change that!). She mentioned us being on the deed already, but I have never signed anything so I'm not sure if that is accurate or not. Maybe I need to gather more information so you can better advise?

 

[tranquility]

You don't have to sign if you get the deed, only if you give it. But, um....yea, it would be better if you knew the facts of the situation.

 

[TR76]

Ok, Im going to try and get a copy of this thing she wants me to sign and see if there is any other information, and whether or not I am on the Deed now. Thanks for the information thus far.

 

[Zigner]

Don't worry - it's not your stuff anyway. Your parents are free to do with it as they please.

 

[TR76]

Zigner, you are correct. And had I shared the backstory (which I felt unnecessary to my question) I would have told you that I asked my parents to give it to their grandkids instead of us, because I don't need a dime. The point of this to avoid my one brother's further control over my aging parents.

 

[tranquility]

I don't think we know that for sure as yet.

She mentioned us being on the deed already

 

[Zigner]

Zigner, you are correct. And had I shared the backstory (which I felt unnecessary to my question) I would have told you that I asked my parents to give it to their grandkids instead of us, because I don't need a dime. The point of this to avoid my one brother's further control over my aging parents.

I would be careful when throwing that out there (the part about the brother trying to control your parents.) See, you are also trying to control them. It's not your stuff, they can do with it as they please. If they want to give it all to their other child, then so be it. If they want to give it all to the grandkids, then so be it.

 

[latigo]

My parents still own and live in the house, but I am an heir to the property (or at least was, unless they are in essence trying to change that!). She mentioned us being on the deed already, but I have never signed anything so I'm not sure if that is accurate or not. Maybe I need to gather more information so you can better advise?

You are being a bit presumptuous by stating that you are “an heir to the property” when heirship cannot be determined prior to death.

 

[LdiJ]

Ok, Im going to try and get a copy of this thing she wants me to sign and see if there is any other information, and whether or not I am on the Deed now. Thanks for the information thus far.

You could possibly already be on the deed. Your signature on a quitclaim isn't needed to put you on a deed, its only needed to take you off. Many elderly parent get the mistaken idea that its a good thing to put their children on their house (avoiding probate) when actually its a bad thing. (it becomes a gift instead of an inheritance and you don't get a stepped up basis)