Posted on: 16th Jul, 2007 09:37 am
My wife's parents and her grandmother (her dad's mother) haved lived on the same property in two mobile homes for many years. The grandmother is the property (land) owner. The mobile home her parents live in is in their own name. Years ago, the grandmother did a quitclaim deed to her dad which he signed. The provision of the deed was for Joint Tenancy, so that when the grandmother dies, her dad would be sole owner of the land. They had a major argument. The grandmother has moved and is going to sell her mobile home. The grandmother wants her dad to do another quitclaim deed to take his name off, because she wants to sell the land. As it stands, her parents have the right to stay there on the land in their mobile home for the rest of their lives. But now her parents want to move and sell their mobile home. If her parents move off the land, does that affect the quitclaim deed in anyway, since they would, in reality, no longer be joint tenants? Can the grandmother sell the land with the current quitclaim deed still in effect if they move off the land without signing anything? One last thing. Can the grandmother's Will override the quitclaim deed, as far as who gets the land when she dies?
Hi THardesty,
Welcome to Mortgagefit discussion board.
I will answer the questions in the sequence in which you have asked.
" If her parents move off the land, does that affect the quitclaim deed in anyway, since they would, in reality, no longer be joint tenants?"
quit claim deed was for the land so even if parents move off the land it will not affect the joint tenancy between grandmother and your wife's dad.
"Can the grandmother sell the land with the current quitclaim deed still in effect if they move off the land without signing anything? "
Grandmother cannot sell the land without consent from your wife's father as he is a joint tenant along with grandmother. If he does not sign on anything then his permission will be necessary for grandmother to sell the land.
"One last thing. Can the grandmother's Will override the quitclaim deed, as far as who gets the land when she dies?"
No, the important feature of joint tenancy is that only the last surviving joint tenant can give the property away using his will as he is then the sole owner of the property. If any of the joint tenants are surviving then one of them cannot make a will to give away the property to someone else. It belongs to the other surviving joint tenants.
Do let me know if you have any other questions.
Thanks
Blue
Welcome to Mortgagefit discussion board.
I will answer the questions in the sequence in which you have asked.
" If her parents move off the land, does that affect the quitclaim deed in anyway, since they would, in reality, no longer be joint tenants?"
quit claim deed was for the land so even if parents move off the land it will not affect the joint tenancy between grandmother and your wife's dad.
"Can the grandmother sell the land with the current quitclaim deed still in effect if they move off the land without signing anything? "
Grandmother cannot sell the land without consent from your wife's father as he is a joint tenant along with grandmother. If he does not sign on anything then his permission will be necessary for grandmother to sell the land.
"One last thing. Can the grandmother's Will override the quitclaim deed, as far as who gets the land when she dies?"
No, the important feature of joint tenancy is that only the last surviving joint tenant can give the property away using his will as he is then the sole owner of the property. If any of the joint tenants are surviving then one of them cannot make a will to give away the property to someone else. It belongs to the other surviving joint tenants.
Do let me know if you have any other questions.
Thanks
Blue
Grandmother cannot sell the land as it is not in her sole name. To sell it she will require your father in law's signature as he is also owner of the land along with her.
Moving off the land does not affect ownership rights. I can have property in TX and may very well live in CA. It will not mean that I will lose my rights over the property I own in TX.
Moving off the land does not affect ownership rights. I can have property in TX and may very well live in CA. It will not mean that I will lose my rights over the property I own in TX.
Hi THardesty,
Welcome to forums.
If the grandmother gets ownership rights on the entire property, she can obviously sell the property. And, as far as the Will is concerned, it can surely override the quitclaim deed for the distribution of property after the death of the grandmother.
Hope this helps..
God bless you.
Samantha
Welcome to forums.
If the grandmother gets ownership rights on the entire property, she can obviously sell the property. And, as far as the Will is concerned, it can surely override the quitclaim deed for the distribution of property after the death of the grandmother.
Hope this helps..
God bless you.
Samantha
"If her parents move off the land, does that affect the quitclaim deed in anyway"
No
"Can the grandmother sell the land with the current quitclaim deed still in effect if they move off the land without signing anything?"
No
"Can the grandmother's Will override the quitclaim deed, as far as who gets the land when she dies?"
No
Well that was easy, all I had to type was no :)
No
"Can the grandmother sell the land with the current quitclaim deed still in effect if they move off the land without signing anything?"
No
"Can the grandmother's Will override the quitclaim deed, as far as who gets the land when she dies?"
No
Well that was easy, all I had to type was no :)
Okay, I have blue and Ian telling me that the Will does not override the quitclaim deed, and I have Samantha telling me that it does. Which is it? Another question. If the grandmother gets put into a nursing home under Medicare, I know that Medicare sells off their assets to help pay for it. Can Medicare sell the land out from under my father-in-law even though he has a quitclaim deed with joint tenancy? If not, can they do anything?
One joint tenant cannot sell the property without taking consent from other joint tenants.
"The provision of the deed was for Joint Tenancy, so that when the grandmother dies, her dad would be sole owner of the land."
As the deed stated that both will be joint tenants, one of them cannot sell it on his/her own.
Grandmother can only make a will for distribution of property which she owns on her own. As there is a joint tenant after grandmother's death the other joint tenant will become sole owner and last joint tenant can only make a will for giving the property to someone else.
You can read the same being mentioned over here also - http://www.usafa.af.mil/superintendent/ja/Joint%20Tenancy.cfm
http://www.ksbar.org/public/public_resources/pamphlets/important_will.shtml
"The provision of the deed was for Joint Tenancy, so that when the grandmother dies, her dad would be sole owner of the land."
As the deed stated that both will be joint tenants, one of them cannot sell it on his/her own.
Grandmother can only make a will for distribution of property which she owns on her own. As there is a joint tenant after grandmother's death the other joint tenant will become sole owner and last joint tenant can only make a will for giving the property to someone else.
You can read the same being mentioned over here also - http://www.usafa.af.mil/superintendent/ja/Joint%20Tenancy.cfm
http://www.ksbar.org/public/public_resources/pamphlets/important_will.shtml
If a father and daughter A are in joint tenancy on a property. The father dies and the will states the property goes to daughter B. The will has a later date than joint tenancy deed. Which stands legally correct.
Hi donna,
As far as I know, the joint tenancy deed will be given importance as it was signed and came into effect during the lifetime of the grantor. Your best option would be contact a real estate attorney and take his opinion in this matter.
Thanks
As far as I know, the joint tenancy deed will be given importance as it was signed and came into effect during the lifetime of the grantor. Your best option would be contact a real estate attorney and take his opinion in this matter.
Thanks