Posted on: 20th Mar, 2009 05:32 pm
My elderly father owns a house which is paid for. He filed a survivorship and he put the title into the names of my 4 siblings and I. He and has taken his name off completely. This was done several years ago. The house will not be sold until the day comes when my father is no longer with us. Now my brothers want their respective wives to get their portion of the eventual sale of the house after my father passes away in the event that they were to die before my father. They went behind my back and filed a quitclaim. They also had my father sign it. If his name is not on the title why would he sign it? Also how can this be done without my be informed at all? I hope I have made my question clear. This is all very confusing to me and I feel that some shady dealings are going on.
Hi evansdl,
I also don't understand why your father signed the deed as his name is not on the title. It is also possible that he may have signed the deed as a witness. However, I think they can quitclaim to their respective wives. But they can only quitclaim their portion of the property, not yours. Thus, you are entitled to receive your interest in the property. No one can take that from you, unless you sign it over to someone else.
I also don't understand why your father signed the deed as his name is not on the title. It is also possible that he may have signed the deed as a witness. However, I think they can quitclaim to their respective wives. But they can only quitclaim their portion of the property, not yours. Thus, you are entitled to receive your interest in the property. No one can take that from you, unless you sign it over to someone else.
The title is in survivorship though between my siblings and I so I don't see how they can give their share up. It states if one of them dies the title then goes to the four left. I would think we would all have to agree to cancel the survivorship before they could sign their share over to someone else. I'm am seeing a lawyer today.
I saw a lawyer today. My brothers lied by telling their attorney that my father owned the house. He signed it over to us in survivorship years ago. They cannot file a quit claim on their portion with all of us agreeing to cancel the survivorship. They had my father sign it as the owner which they know he is not. By the way the house in question is worth maybe $50,000 at the most...so they are destroying the family for their 5th of that. This is just the latest in a long list of sneaky things they have tried to do. Some family huh??
Hi evansdl,
"They had my father sign it as the owner which they know he is not."
I'm not sure how that is possible. If your father had quitclaimed the property to you, he no longer holds any interest in it. In such a case, how can he be the grantor? If it is so, then the deed doesn't seem to be valid and you did the right thing in consulting an attorney.
"They had my father sign it as the owner which they know he is not."
I'm not sure how that is possible. If your father had quitclaimed the property to you, he no longer holds any interest in it. In such a case, how can he be the grantor? If it is so, then the deed doesn't seem to be valid and you did the right thing in consulting an attorney.
Their lawyer did not search the deed...he just filed the quit claim based on what my brothers told him. The whole thing was invalidated by my lawyer and the quitclaim was pulled. Just one more thing in a long line of BS
Hi evansdl,
It's good to hear your lawyer invalidated the deed. Such a deed can never be valid. It was a fake deed and thus, deserved a cancellation.
It's good to hear your lawyer invalidated the deed. Such a deed can never be valid. It was a fake deed and thus, deserved a cancellation.