Posted on: 01st Jun, 2007 06:06 pm
my dad placed my name on a quit claim deed plus someone else by marriage but my dad and his wife plus the other party have all passed away. the other lady has a grandson and i'am to receive half of the interest but my question is wouldn't i be entitled to all the interest since the other grantee has no living children except a grandson? his name wasn't on the quit claim deed just his grandmother and myself. any information will be appreciated.
Well I think you are entitled to get only half the interest simply because the other member who is in the deed is still alive even if she has no living children except a grandson.
I know I'm getting half the interest but you must of misunderstood my original post. The other person that was on the quitclaim deed besides myself IS NOT living. Her only surviving relative is her grandson and he isn't on the deed.
The part other lady owned along with you will go to person whom she may have named on her will.
Did she make any will?
If she did not then her part of ownership of property will be distributed as per laws of intestate succession applicable in your state.
Did she make any will?
If she did not then her part of ownership of property will be distributed as per laws of intestate succession applicable in your state.
On the quit claim deed was it mentioned that title will be held as joint tenants with right of survivorship? If it was then, being the last surviving joint tenant you will own the whole property.
If title was not held as joint tenants then you only retain ownership of the portion that was quit claimed to you.
Miller
If title was not held as joint tenants then you only retain ownership of the portion that was quit claimed to you.
Miller
I did some research on just that Miller and found out that both her and I were put down as tenants in common so now I know that I'm only going to get half. Thanks for your reply.
Peejo, contact other lady's grandson to know if she had left any will. It can happen that she had named you also along with her grandson to receive a portion of this property which she owned.
Miller
Miller
Miller, I don't even know who that person is. I just know when I myself found out about my name being on the quit claim deed her name was also. I'm assuming she was related to my dads wife who passed away before he did. I was told that since her and I was placed as tenants in common, her grandson (who I don't know either) will get her part. I'm just wondering how long it takes for a claim form to be taken care of. They received the claim form with proper documentation from me on April 26th. Guess I'll keep waiting. I really need this money I'm getting.
Peejo,
You may have a chance of getting the entire property if it has only your name and the deceased lady's name on its title. You may consult a lawyer and find out if it is possible in this situation to file an affidavit of heirship and get the entire property in your name.
You may have a chance of getting the entire property if it has only your name and the deceased lady's name on its title. You may consult a lawyer and find out if it is possible in this situation to file an affidavit of heirship and get the entire property in your name.