Posted on: 08th Oct, 2009 06:00 pm
Help!!!My husband was quit claimed a house and a lot by his sister (the executress) His living father also has a life estate. The quit claim just has my husband's name on it and we are seriously wanting to move in the house and make major repairs . Is it possible for his stepmother to cause problems ad try to take the house back to make money when his father passes? Does she have any rights? No one has been able to see the will till his death. Also, do I need to have my name on the quit claim interest of the land or is that a given(we have been married 17 years)PLZZZZ help me we are running out of time. Thank you!!!
If the property is quit claimed to yoru husband, he has the full ownership of the property
The quit claim needs to be notarized and recorded in the county office, or it is not valid
The quit claim needs to be notarized and recorded in the county office, or it is not valid
Hi leanne,
If the quitclaim deed was notarized and recorded properly, it is legally valid and your husband has a right to the property. Now, the question is, does his sister as the executrix have the full legal authority to transfer the properties from her fathers estate? If she has, then the transfer of property is legal and valid.
His stepmother does not seem to have any right to the property, unless she is listed on the title. Also if the house is located in a community property state, his stepmother can have a certain amount of interest in it as per the community property laws. But otherwise, I don't think she has any right to take the property from you. However, you should consult an attorney regarding this, as he is the best person to guide you in situations like this.
If the quitclaim deed was notarized and recorded properly, it is legally valid and your husband has a right to the property. Now, the question is, does his sister as the executrix have the full legal authority to transfer the properties from her fathers estate? If she has, then the transfer of property is legal and valid.
His stepmother does not seem to have any right to the property, unless she is listed on the title. Also if the house is located in a community property state, his stepmother can have a certain amount of interest in it as per the community property laws. But otherwise, I don't think she has any right to take the property from you. However, you should consult an attorney regarding this, as he is the best person to guide you in situations like this.