Posted on: 06th Apr, 2007 07:04 pm
my great aunt (86) bought her house in 1957 and took me in to care for me at 6 months old when she was in her 60s. her daughter is currently not speaking to her because she didn't get the attention she felt she deserved. a few months ago, her daughter sent her a letter stating that she doesn't want her "money or her house". before receipt of this letter, my aunt's attorney presented her with a will and a quit claim deed. the will states that i solely will receive her estate upon her passing and i am named her power of attorney. the quit claim deed states that the property is my aunt's for life and the remainer to myself, her daughter and her grandson (1/3 each). i have been caring for my aunt along with a caretaker who has been in and out of the hospital. i have been here since she broke her arm last june, doing whatever i could to care for her. the others (daughter and grandson) have not. when she signed over the quit claim deed, the attorney did not explain to us that it was written in stone and that she could not change it at any time. should i take our attorney to court to undo this mess? i tried to have the other 2 parties sign a quit claim deed back to my aunt's name, but they refused to sign. my aunt is slowly running out of money and wants her house back to sell and find another smaller place to live. i need some help deperately!
i appreciate any suggestions.
.sandi
i appreciate any suggestions.
.sandi
Attorney did not force your aunt to sign, you should have asked him before your aunt signed it about the affect of signing such a deed and whether it can be changed later or not.
I can't see how your attorney is at mistake sandi..
I can't see how your attorney is at mistake sandi..
I also do not think your attorney can be blamed for it, after the deed is made out and recorded property transfer completes.
And you aunt shouldn't have signed legal papers without inquiring what they were.
And you aunt shouldn't have signed legal papers without inquiring what they were.
but, the attorney described the deed incorrectly. he said that she would have ownership of the house until she passed and THEN the house would go to the 3 of us. we were misinformed.
It would be hard for you to prove in court that attorney said such a thing, as it is just a verbal information and nothing in writing is available with you.
What you will say if attorney declines that he said any such thing?
What you will say if attorney declines that he said any such thing?
This is strange Sandi. How could the attorney sign the deed with a stone? I have never heard of anyone doing this. Anyway strange things do happen in this world. And, all you can do is to keep yourself away from such things.
Since your aunt can stay on the property as per the quit claim deed, I think there is a life estate associated with the deed. Hence your aunt can only sell it when the entire property is quit claimed back to her.
What you can do is to negotiate with the others and have them quit claim the property to your aunt. You may also tell them that you are willing to give them sale proceeds worth their shares of interest in the property.
James
Since your aunt can stay on the property as per the quit claim deed, I think there is a life estate associated with the deed. Hence your aunt can only sell it when the entire property is quit claimed back to her.
What you can do is to negotiate with the others and have them quit claim the property to your aunt. You may also tell them that you are willing to give them sale proceeds worth their shares of interest in the property.
James
i would like to respond by saying thank you to everyone for there response to my situation. unfortunately james, the other 2 parties have refused to sign the deed back to my aunt. i am at a loss and really don't know what to do next. honestly, what would you do in this situation? please think about it before you respond. i appreciate your time and comments.
i don't appreciate your sarcasm. if you're over 10 yrs old you should know the term "written in stone". of course, my aunt should not have signed the document, but as i said, the atty explained that she would own her house until passing and then the 3 of us would sell it and split the profit. why doesn't anyone get that? are all attys right? i was there and she has me as a witness. so, it's his word against my aunt's and mine. he also told us he was dying and didn't have much time to live, but now he says his doctor was mistaken. he has shut his office down and is working from home - semi-retired. i think he's losing his mind. i may have a case.
Hi Sandi,
Welcome back.
I doubt whether you've consulted the right attorney. I didn't mean to hurt you actually. What I meant was that had your aunt not signed or at least asked you once, she might have avoided the problem. If I would have been in your place, I would have consulted another attorney and verified whether the other one has given me the right advice. I would have asked him if I could take any legal action or file a complaint against the attorney.
Thanks
Welcome back.
I doubt whether you've consulted the right attorney. I didn't mean to hurt you actually. What I meant was that had your aunt not signed or at least asked you once, she might have avoided the problem. If I would have been in your place, I would have consulted another attorney and verified whether the other one has given me the right advice. I would have asked him if I could take any legal action or file a complaint against the attorney.
Thanks