Posted on: 26th Mar, 2009 09:43 pm
Hello, i need your advice on something. My grandmother (RIP) state a quitclaim deed over a property to their sons conditional to them being alive. Unfortunally my dad died i few months ago and my father´s brothers dont want to aknowledge my rigths about the property. My question is: Is this true??... have I any chance to fight this legally???
At the times of your grandmothers death your father was alive right? Then he passed away. (Sorry to hear about that) Was your father married? If so then you and siblings (if any) and his spouse (if one) shares your fathers interest in the property. So, if it was two brothers your grandmother deed it to: Your uncle would get 50% your father have 50%. Now your father 50% is split up between spouse and children. Of his 50, if he was married, his spouse would get half so that is 25% and the children would get the other half witch is 25% and then if you have sibling you would split up the 25% amonst yoru siblings. But if your father was not married and you were the only child you gained your fathers 50% interest that was in the property.
That is if you live in a community property state.
You need to do an affidavit of heirship, even if you are the only child and have it filed of record. This list all the heirs of your father.
That is if you live in a community property state.
You need to do an affidavit of heirship, even if you are the only child and have it filed of record. This list all the heirs of your father.
Hi Johann,
"My grandmother (RIP) state a quitclaim deed over a property to their sons conditional to them being alive"
Is there any clause on the deed which states that the grantees can own their individual share of the property only as long as they live?
If yes, then I don't think you have any right to this property. But if no, then I think you should be entitled to your father's share of the property after his death. In that case, you are required to file an affidavit of heirship with the probate court.
"My grandmother (RIP) state a quitclaim deed over a property to their sons conditional to them being alive"
Is there any clause on the deed which states that the grantees can own their individual share of the property only as long as they live?
If yes, then I don't think you have any right to this property. But if no, then I think you should be entitled to your father's share of the property after his death. In that case, you are required to file an affidavit of heirship with the probate court.
Well, thanks a lot. Nevertheless, since my uncle has the deed in his power, he has already told me that i don´t have the right to read it, considering that isn´t my business (according to him). So, unfortunally I don´t have a way to verify if it exist such a clause on the deed. I don´t know what to do..., and honestly I consider this very unfair.
Hi Johann,
I think you should consult an attorney in this regard. I think you should have a right to your father's share in the property, because I don't think there is any clause on the deed which gives you ownership conditional to you being alive. I haven't heard of any such clause. Moreover, if it is mentioned there, why is your uncle reluctant to show you the deed? That sounds fishy. i think you ought to visit an attorney.
I think you should consult an attorney in this regard. I think you should have a right to your father's share in the property, because I don't think there is any clause on the deed which gives you ownership conditional to you being alive. I haven't heard of any such clause. Moreover, if it is mentioned there, why is your uncle reluctant to show you the deed? That sounds fishy. i think you ought to visit an attorney.
Yes..., you´re right. I think it´s something fishy going on too. Thanks a lot.
Hi
The situation does look fishy. Otherwise why would your uncle not show you the deed? It doesn't do him any harm if he does so. You should consult an attorney. He is the best person to guide you.
The situation does look fishy. Otherwise why would your uncle not show you the deed? It doesn't do him any harm if he does so. You should consult an attorney. He is the best person to guide you.