Posted on: 11th Apr, 2011 03:13 pm
My grandfather many years ago did a quickclaim deed because he knew his daughter was greedy but also did not want her to feel left out. He told me in secret he had it set up so my mother could not ever do anything with the property.
He set the quickclaim deed up where he had life estate rights I believe it is called.
Names have been changed for privacy, but the first part reads as follows:
David Sharp (my grandfather) unmarried of so and so county, Tennessee, First parties and Dot Sharp (his daughter) a life estate with remainder in equal shares to Krista (me) and Angel (my sister) with right of survivorship between them, of so and so county, Tennessee.
Hope that was understandable, but I did not want my mother coming across this. Anyway now that my grandfather has passed do we need to do another quickclaim deed? My grandfather said he did it this way so his daughter, my mother could not sell the property out from under my sister and I.
So with what I wrote above who owns the property right now my sister and I with my mom being aloud to live there til her death if she wanted to which she has never lived there. Or does my mother own the property. My Mother is Dot and Krista and Angel are myself and my sister.
My mother is bad about forging names and I fear that she will forge our names and sell the property. From what I understood from my grandfather mark she does not have this right.
Now that my grandfather has passed can we take our mothers name off the quick claim deed to avoid her from secretly selling the property without us knowing about it or does she have to sign off on it?
My grandfather was wanting it where my sister and I owned the property and I think he went the wrong way about it as he did not know much of what he was doing and laws and such. Do we have to keep our mothers name on the deed as is or can we have her taken off so we don't have to constantly make sure she has not sold the property out from under us.
Also now that he has passed away should we have it rewritten or leave it as is? Will we need a copy of his death certificate to show his passing? Sorry for all the questions, but we are having a very hard time with a very greedy person that is stressing us out at all times over this property and I have heard her mention many times about selling it. She does understand the deed and thinks she has full rights to do as she pleases whether selling it or whatever she wants to do. But that is the way her mind thinks and she has always been angry that my sister and I were put on the deed and that he told us about it and gave me a copy of the deed as she told me for years he signed it over to her and he called me to his house when he started getting ill to let me know otherwise.
Any insightwould be appreciated.
He set the quickclaim deed up where he had life estate rights I believe it is called.
Names have been changed for privacy, but the first part reads as follows:
David Sharp (my grandfather) unmarried of so and so county, Tennessee, First parties and Dot Sharp (his daughter) a life estate with remainder in equal shares to Krista (me) and Angel (my sister) with right of survivorship between them, of so and so county, Tennessee.
Hope that was understandable, but I did not want my mother coming across this. Anyway now that my grandfather has passed do we need to do another quickclaim deed? My grandfather said he did it this way so his daughter, my mother could not sell the property out from under my sister and I.
So with what I wrote above who owns the property right now my sister and I with my mom being aloud to live there til her death if she wanted to which she has never lived there. Or does my mother own the property. My Mother is Dot and Krista and Angel are myself and my sister.
My mother is bad about forging names and I fear that she will forge our names and sell the property. From what I understood from my grandfather mark she does not have this right.
Now that my grandfather has passed can we take our mothers name off the quick claim deed to avoid her from secretly selling the property without us knowing about it or does she have to sign off on it?
My grandfather was wanting it where my sister and I owned the property and I think he went the wrong way about it as he did not know much of what he was doing and laws and such. Do we have to keep our mothers name on the deed as is or can we have her taken off so we don't have to constantly make sure she has not sold the property out from under us.
Also now that he has passed away should we have it rewritten or leave it as is? Will we need a copy of his death certificate to show his passing? Sorry for all the questions, but we are having a very hard time with a very greedy person that is stressing us out at all times over this property and I have heard her mention many times about selling it. She does understand the deed and thinks she has full rights to do as she pleases whether selling it or whatever she wants to do. But that is the way her mind thinks and she has always been angry that my sister and I were put on the deed and that he told us about it and gave me a copy of the deed as she told me for years he signed it over to her and he called me to his house when he started getting ill to let me know otherwise.
Any insightwould be appreciated.
Hi christiesharp!
Welcome to fourms!
Though your grandfather is deceased now, I don't think you or your sister need to file a quitclaim deed now. You have the rights to stay in the property until death. Your mother owns the property but she won't be able to sell it off without your signatures and permission. If she forges your name or your sister's name, then you may take legal actions against her. Your mother has to sign a quitclaim deed in your favor in order to remove her name from the property deed. For further details, you should contact a real estate attorney and take his opinion in this matter.
Feel free to ask if you've further queries.
Sussane
Welcome to fourms!
Though your grandfather is deceased now, I don't think you or your sister need to file a quitclaim deed now. You have the rights to stay in the property until death. Your mother owns the property but she won't be able to sell it off without your signatures and permission. If she forges your name or your sister's name, then you may take legal actions against her. Your mother has to sign a quitclaim deed in your favor in order to remove her name from the property deed. For further details, you should contact a real estate attorney and take his opinion in this matter.
Feel free to ask if you've further queries.
Sussane