Posted on: 13th Dec, 2008 06:09 am
my aunt had my grandpa sign a quit claim deed and put her on the house...joint tenants with rights of survivorship. my grandpa is elderly and did not realize this meant leaving my mother out of everything! is there anything that can be done? apparently my aunt was planning this all along so she would get the entire house instead of sharing it with my mom when he passes! so she refuses to cooperate. is there anything my grandpa can do without her signature? can he even sell or give away his part to another family member without her signature?
thanks!!!!!
thanks!!!!!
I forgot to put...this is in Florida
Hi rocko!
Welcome to forums!
As far as I know, a joint tenant while alive can transfer his/her share of property to someone else. In that case, however, new owner will not be joint tenant. However, to be on the safer side, your mother can consult an attorney even.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
As far as I know, a joint tenant while alive can transfer his/her share of property to someone else. In that case, however, new owner will not be joint tenant. However, to be on the safer side, your mother can consult an attorney even.
Feel free to ask if you have further queries.
Sussane
Hey Sussane! Thanks for answering. If the new owner would not be a joint tenant, what would they be?
Thanks again!
Rocko
Thanks again!
Rocko
Welcome Rocko,
As far as I know, the new owner will just be a tenant in common.
As far as I know, the new owner will just be a tenant in common.
It is complicated, but here is how I think it works. If the grandpa signs his interest over now to the mom to try to give each daught 1/2, that interest would go away at his death because the aunt has a survivorship interest that she hasn't conveyed. In order to get both daughters an equal share as a tenant in common, the aunt will have to sign. However, if the grandpa wasn't competent at the time the quitclaim deed was signed, then this transaction can be set aside by a court. A lawyer should be consulted.
Your grandpa can execute a deed from himself to his daughter and him. This will terminate the joint tenancy and create a tenancy in common with grandpa owning a 1/4 interest, his daughter a 1/4 interest and your aunt a 1/2 interest. A tenancy in common means that there is no longer a right of survivorship, when one of the owners dies the property will pass according to their will.
What was the ownership prior to the quit claim deed?
Was your mother a joint tenant? If she was then she had to sign the form too. If she didn't then the quit claim may not be valid.
Was your mother a joint tenant? If she was then she had to sign the form too. If she didn't then the quit claim may not be valid.
My grandma has real estate property with my step mom joint tenants with right to surviorship. my grandma wants me on the deed to protect family farm. how can she do this so if someone happens to grandma the 1838 farm will be protected.
Does she need permission from other party to do this?
Hi dawn
A query similar to yours has been answered in the given link:
http://www.mortgagefit.com/propertytransfer/about22664.html#99353
Please take a look. I hope it'll help you.
Thanks.
A query similar to yours has been answered in the given link:
http://www.mortgagefit.com/propertytransfer/about22664.html#99353
Please take a look. I hope it'll help you.
Thanks.
above
Hi debbie,
You need to contact a real estate attorney and he will help you in terminating the contract of joint ownership.
Thanks
You need to contact a real estate attorney and he will help you in terminating the contract of joint ownership.
Thanks