Posted on: 14th Nov, 2010 03:07 pm
Sir:
My brother and I are having a dispute. In 2005 my Mother assigned two properties to him via two separate Beneficiary Deeds. Due to the death of my other two brothers (there were initially 4--now it's just him and myself-she tried to set up her Estate so all would inherit roughly the same amount) she had him sign one of the properties back to her via a Quit Claim. Jan 1st, she died. He now claims that he not only owns his original property, but also half of mine. I'm claiming he only owns one and I can claim the other 100% by way of Succession. Does he have a 50% claim on the property after signing the Quit Claim and if he does, what can I do if he refuses to cooperate in the Transfer of Title (from my Mother's name to mine or my name + my brother's. She resided in Arizona.
Thank you!
George Legate
My brother and I are having a dispute. In 2005 my Mother assigned two properties to him via two separate Beneficiary Deeds. Due to the death of my other two brothers (there were initially 4--now it's just him and myself-she tried to set up her Estate so all would inherit roughly the same amount) she had him sign one of the properties back to her via a Quit Claim. Jan 1st, she died. He now claims that he not only owns his original property, but also half of mine. I'm claiming he only owns one and I can claim the other 100% by way of Succession. Does he have a 50% claim on the property after signing the Quit Claim and if he does, what can I do if he refuses to cooperate in the Transfer of Title (from my Mother's name to mine or my name + my brother's. She resided in Arizona.
Thank you!
George Legate
Hi goodwood,
If your brother had signed the quitclaim deed and transferred the property to your mother and if your mother has transferred it to you, then you will be considered as the sole owner of the property. However, if the property was left in the trust, then your brother will be able to claim half of that property.
Thanks
If your brother had signed the quitclaim deed and transferred the property to your mother and if your mother has transferred it to you, then you will be considered as the sole owner of the property. However, if the property was left in the trust, then your brother will be able to claim half of that property.
Thanks
A couple of additional details: I've already been through one legal procedure with a Court. I had him removed as Trustee but his attorney got him reinstated. However, I did gain agreement from the Judge on an important point: the case his attorney presented was based on my brother's false assertion that Service of Process had been performed incorrectly. Month after month he was commiting perjury (the case was conducted entire thru the mail). The real property was never jncluded as part of the Trust or her Will yet he fraudulently tried a separate Transfer of Title on his own that failed. In essence, this property may be legally viewed as being adjudicated as intestate. In the event I have to have to include him and he refuses to sign the transfer paperwork, can I do it without him?
Thank you
Thank you
In addition, he was sending me threatening emails stating-literally- f*** you, I hope you die of cancer, etc. He claimed both properties stating the claim was based on the Will (the Will just pointed to the Trust. He had a legitimate claim on his own property via the Beneficiary Deed but never mentioned it or the fact that he'd signed the Quit Claim.
Thank you
Thank you
Hi George!
Welcome to forums!
If the property is in your name, then no one can take it from you. As it was not included in the trust, your brother won't be able to force you give him a part of the property. If he is threatening you, then you should take legal help and take steps against him.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If the property is in your name, then no one can take it from you. As it was not included in the trust, your brother won't be able to force you give him a part of the property. If he is threatening you, then you should take legal help and take steps against him.
Feel free to ask if you've further queries.
Sussane
Here we go again:
1.My Mom gives my brother two Beneficiary Deeds in 2005, Between Nov 2004 and June 2008, three family members die as the result of cancer and she is diagnosed with Stage 4 rectal cancer.
2. She asks for one of the Deeds back. Due to her rapidly declining health, she is unable to re-issue the property to me thru another Beneficiary Deed, when she dies, the home remained in her name. Neither home was mentioned in her Will or Trst.
3. My brother fraudulently tries to transfer the titles to bo properties into his name but fails. In doing so, he commits perjury numerous times and thru an apparent lack of understanding of what a Beneficiary Deed is, doesn't even transfer the title of the one property he was lawfully entitled to.
4. Now, all I want to do is transfer the title of the one property that I'm entitle to (thru succession). I also believe he will in no way cooperate with that endeavor. So here's all I need to know:
1.Can I file for sole ownership (he signed a Quit Claim) or must I include his name as well as my own. He is still Trustee.
4.If I do have to include his name when I file (meaning his signature will most likely have to be on the paperwork along with mine), what recourse will I have to force him to sign or be allowed to do it alone?
Thank you
1.My Mom gives my brother two Beneficiary Deeds in 2005, Between Nov 2004 and June 2008, three family members die as the result of cancer and she is diagnosed with Stage 4 rectal cancer.
2. She asks for one of the Deeds back. Due to her rapidly declining health, she is unable to re-issue the property to me thru another Beneficiary Deed, when she dies, the home remained in her name. Neither home was mentioned in her Will or Trst.
3. My brother fraudulently tries to transfer the titles to bo properties into his name but fails. In doing so, he commits perjury numerous times and thru an apparent lack of understanding of what a Beneficiary Deed is, doesn't even transfer the title of the one property he was lawfully entitled to.
4. Now, all I want to do is transfer the title of the one property that I'm entitle to (thru succession). I also believe he will in no way cooperate with that endeavor. So here's all I need to know:
1.Can I file for sole ownership (he signed a Quit Claim) or must I include his name as well as my own. He is still Trustee.
4.If I do have to include his name when I file (meaning his signature will most likely have to be on the paperwork along with mine), what recourse will I have to force him to sign or be allowed to do it alone?
Thank you
Welcome George,
As the property is still in your mother's name, then your brother can claim a portion of that property as he will also be considered as an heir to that property. You may not be able to transfer the property solely in your name. Once your brother's name is mentioned on the deed, you cannot force him to transfer the property to you.
As the property is still in your mother's name, then your brother can claim a portion of that property as he will also be considered as an heir to that property. You may not be able to transfer the property solely in your name. Once your brother's name is mentioned on the deed, you cannot force him to transfer the property to you.
Did you get my last reply?
Hi George,
Your reply was not posted in this thread. It will be better if you could re-post your reply.
Your reply was not posted in this thread. It will be better if you could re-post your reply.
If, upon notificatio that I will be filing a secondapplication for a transfer of title and he either ignores or refuses to cooperate, what options do you see as possible to get this done?
Thank you
Thank you
Hi George,
If he refuses to cooperate, then you hardly have any options left. In that case, you will have to contact a real estate attorney and take his opinion in this matter.
Thanks
If he refuses to cooperate, then you hardly have any options left. In that case, you will have to contact a real estate attorney and take his opinion in this matter.
Thanks
Thank you for the advice. I'll be sending him a certified letter on Monday. I'm expecting zero cooperation, but, as previously described, I will have some leverage: Arizona icludes a perjury charge along with documents filed with with deliberate lies. If he refuses to play along, I'll contact the County Attorney.
Peace
Peace
Letter sent to my half-brother today. I'm expecting nothing from him and an angry response from his attorney. His attorney filed a Minutes request which was granted (Jan) but continued filing to have my case tossed based on an improper service of process claim even when saw his own client's signature on a document stating his address the address at which he was served. The "trial by mail" went on for seven months even though Arizona law stipulates sixty days. I would have appealed but considered it hopeless after the Judge included actual hearsay as part of his final decision.