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Love - do you know if dad actually had the QCD recorded at he courthouse and had all the paperwork on the property changed to reflect his 100% ownership?
If your not sure, I have a suggestion for you.....most counties have on-line down loads of all the files recorded on real property available for nominal cost. Like $ 8.00 to get a download of a Release of Deed of Trust. Go online and look at the chain of paper on the property and download. If more than 10 -15 years ago, you can still request online but courthouse may need to manually do this and mail it to you. If you can find the tax bill it will help as files are done by parcel &/or PPIN # which are on the tax bill, not by property address.
If your parents were still married at the time of his death, I'd bet that mom has been told that as his surviving spouse all assets of his estate go to her. The house is an asset of his estate. She has been told that it doesn't matter that he died "intestate", or that a QCD was done years ago, or that dad promised whatever......she as his wife has control to his assets as there is no will. And that's why she is not going along with any distribution of assets to the kids.
As far as what to do, well you are going to need a probate atty. & they need to be one who does litigation. Most probate guys do not do litigation. It's specialty probate, like lineal heirships are. I'd suggest you do the downloads to see QCD status and take those documents to probate atty to discuss your options, the costs & likelihood of success.
LovemyDad76, since your Dad passed without a Will, you will NOT be able to distribute any of his property. If you had already, get it all back.
Since there was no Will, it will be up to the County Probate office to do the distributing according to State laws. The Probate office can also advise you regarding the quit claim deed.
My mother signed a quitclaim deed over to my father releasing any interest in the property forever. My father just passed away and left no will or estate, I had a POA while he was alive to handle all his affairs. My mother is now making it difficult for me to try to distribute his property fairly among my sibling the way my father wanted it. Can the quitclaim deed be revoked to her benefit?
YOU MY LADY DO NOT UNDERSTAND THE QUESTION I WANT NO GREEDINESS OR HARM TO COME INTO THIS AND YU ARE TRYING TO MAKE IT OUT TO BE VERY PAINFUL!!! SO PLEASE JUST KNOW I LOVE MY MOTHER AND WISH HER ALL THE BEST DO ALL I CAN FOR HER AND YOU TRY TO DISCREDIT ME FOR THIS THANK YOU
It sounds like your mom (the "grantor") did a Quit Claim deed to you and your brother (probably as co-grantee's) with a "Life Estate" for her attached to the QC. Sounds like she did this when she thought that she would not need the house anymore as she had remarried, then he died and as she had no usufruct on 2nd hubby's home so she's back at the old homestead, correct?
Do you have a copy of the QC and is there a life estate on it and does it allow for revocation or change if a grantee dies? If it does, then your mom as the grantor can change the grantees on the QC. There is something there on this if her attorney sent you documents on adding your son to the QC deed.
It's the life estate part that allows her as the grantor to live at the property and because it's a life estate she pays the taxes, etc on the property at her senior citizen rate. She can live at the property and do whatever she wants with it short of torching it as it is her life estate. So if she lets your son or whomever live there she can do whatever. Also if it does have a life estate, you (the grantee) has NO right to possession of the property until after her death.
If she gets Medicaid or will get it in the future, there probably will be a claim or lien by MERP (Medicaid estate recovery) on the property that will have to be paid so the property can be released before you can sell it too.
Again, if you go to sell the property in the future after mom dies, with a QC deed there is NO warranty. The property could have liens or judgements or clouded title or any other claims to the property and still get a QC deed. If you should ever need to use it as collateral or get a mortgage on the property - say you want to build on it years from now and need a loan (mortgage) to do it - mortgage companies won't usually accept a QCD as there is no assurance of good title. Also should you want to sell it later on and the buyer needs a mortgage to buy it, most mortgagee's will not loan on a QCD property as there is no guarantee (warranty) as to ownership. You probably will need to get an experienced attorney to run a quiet title on the property to sell it.
none of what you suggested its home with me as this all happened a few years back she was remarried after my father died and mived into his home about 250 miles fromher own hous, she let my son live in her home it is paid for and no mortage either, her new hubby passed away and in the process his properties were all in a trust for his 8 children, so mother got a lawyer as they gave her the option of living in the house after he passed or pay them rent, well it was pure hell for her all the court dates and she did not any nastiness so she and her lawyer qick deeded the house she owned in another city to me and my brother, 2 yrs after that my brother passed quite unexpectledly and a few weeks later i got this letter from her lawyer which my mother called and said i had to sign these papers have them noterized and return them to the lawyer she was trying to pull one over on my husband and myself as we knew she had put my sons name and took off my brothers , noway was i going to sign the paopers she now and has lived in this home for the last 2 years she pays the taxes and by the way when my brother passed my husband and i paid for the whole funeral, she did not offer a penny and has yet to say thank you sooooo all i need to know is i have the recorded quick claim deed to my home she quick deeded to me all i refused to do was to change my brothers name to my sons, whom by the way is 40 and lives with her uses her cxar and anything thing elese he can get from her and he can do no wrong in her eyes sdoes this answer any of your questions? i trult hope you answer this as we were told by the court recorder it was a clear and done deal the house wil be sold when she passes and not before that is where her and my father lived and i am the exector of her will i do belive she is 89 god love her and i would not do anything to hurt upset her in anyway so now you have the whole story , any answers would be appericated if you would ? please thank you, and you sounded kind of miffed by this why?
Nutt - so is it that the property owner is your mother? and she did a quit claim deed to her homestead to both you and your brother and it was recorded as such? You say she is still at the house.....so did she transfer the house under the quit claim but do a life estate on it to be able to stay at the house?
Have you & brother been paying for all (taxes, insurance, etc) on the property as the "new" owner and has the county assessor changed ("recorded") the property ownership to your joint names and set taxes based on your exemptions? I'm assuming that mom had all kinds of tax exemptions from over 65 to zero or lower school taxes, etc. so her rate was significantly lower and you all are paying a higher rate.
Then your brother died - so was his name on the deed at the time of his death? If so then his share of the property becomes part of his estate and under whatever his will reads as to division of his estate and done through probate.
While Quit Claim Deeds seem like a simple & cheap way to change property ownership there are issues with it especially as to warranty. I've had to deal with QC deeded property (divorce & tax sale property) and it can be sticky in that: you really have to have solid knowledge of the property history and the situation of the property owner as there could be liens or other clouds on the property. Remember this is not a warranty deed. If you should ever need to use it as collateral or get a mortgage on the property - say you want to build on it years from now and need a loan (mortgage) to do it - mortgage companies won't usually accept a QCD as there is no assurance of good title. Also should you want to sell it later on and the buyer needs a mortgage to buy it, most banks will not loan on a QCD property as there is no guarantee (warranty) as to ownership.
Golf - you're a Realtor? Fab!, then maybe you can shed some light on this.
Personally I would go and get a real estate attorney to do a quiet title on the property. Quiet should run about $1,500 for a non commercial property. Takes a bit of time because of the legal notifications needed and an attorney needs to do this. But well worth it as you don't want to find out years from now that in fact all the $$ spent on the property is in jeopardy as there wasn't a clean title to start with and in fact there are other owners with judgements on them.
the person was not intoxicated and notunder dures her lawyer suggested her to do this as her husband had 8 grown adult children and it was the person best option to quick deed this to me and my brother he passed and the she wanted me to sign and and get the change frommy brother to my son who is using her always has always wil l and i sent the papers back unsigned and wrote unacceptable, boy did i catch it from mother however it is of my best interest to keep her safe and she lives in the home i have no intentions of doing anything till her passing bless her she is 89 yrs old i just needed some insight thnk yo please answer
Was the deed signed under "duress" (talked or forced) or was the person intoxicated at the time If this is true or they claim true it could end up in court and be over turned. You didn't explain the circumstances.
the person was compentant and it was recorded and i got the deed now as i called the court in the state the person lived and i just thought i was correct but needed to hear it from someone who properly knew, i thank yo so much for the info .
Is the person deeding the property competent? Has the quit claim deed been recorded? Any court order involved? I'm not a lawyer but a Realtor, and if they are competent and it has already been recorded my guess would that it would be a done deal.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If your not sure, I have a suggestion for you.....most counties have on-line down loads of all the files recorded on real property available for nominal cost. Like $ 8.00 to get a download of a Release of Deed of Trust. Go online and look at the chain of paper on the property and download. If more than 10 -15 years ago, you can still request online but courthouse may need to manually do this and mail it to you. If you can find the tax bill it will help as files are done by parcel &/or PPIN # which are on the tax bill, not by property address.
If your parents were still married at the time of his death, I'd bet that mom has been told that as his surviving spouse all assets of his estate go to her. The house is an asset of his estate. She has been told that it doesn't matter that he died "intestate", or that a QCD was done years ago, or that dad promised whatever......she as his wife has control to his assets as there is no will. And that's why she is not going along with any distribution of assets to the kids.
As far as what to do, well you are going to need a probate atty. & they need to be one who does litigation. Most probate guys do not do litigation. It's specialty probate, like lineal heirships are. I'd suggest you do the downloads to see QCD status and take those documents to probate atty to discuss your options, the costs & likelihood of success.
Since there was no Will, it will be up to the County Probate office to do the distributing according to State laws. The Probate office can also advise you regarding the quit claim deed.
THANK YOU
It sounds like your mom (the "grantor") did a Quit Claim deed to you and your brother (probably as co-grantee's) with a "Life Estate" for her attached to the QC. Sounds like she did this when she thought that she would not need the house anymore as she had remarried, then he died and as she had no usufruct on 2nd hubby's home so she's back at the old homestead, correct?
Do you have a copy of the QC and is there a life estate on it and does it allow for revocation or change if a grantee dies? If it does, then your mom as the grantor can change the grantees on the QC. There is something there on this if her attorney sent you documents on adding your son to the QC deed.
It's the life estate part that allows her as the grantor to live at the property and because it's a life estate she pays the taxes, etc on the property at her senior citizen rate. She can live at the property and do whatever she wants with it short of torching it as it is her life estate. So if she lets your son or whomever live there she can do whatever. Also if it does have a life estate, you (the grantee) has NO right to possession of the property until after her death.
If she gets Medicaid or will get it in the future, there probably will be a claim or lien by MERP (Medicaid estate recovery) on the property that will have to be paid so the property can be released before you can sell it too.
Again, if you go to sell the property in the future after mom dies, with a QC deed there is NO warranty. The property could have liens or judgements or clouded title or any other claims to the property and still get a QC deed. If you should ever need to use it as collateral or get a mortgage on the property - say you want to build on it years from now and need a loan (mortgage) to do it - mortgage companies won't usually accept a QCD as there is no assurance of good title. Also should you want to sell it later on and the buyer needs a mortgage to buy it, most mortgagee's will not loan on a QCD property as there is no guarantee (warranty) as to ownership. You probably will need to get an experienced attorney to run a quiet title on the property to sell it.
Have you & brother been paying for all (taxes, insurance, etc) on the property as the "new" owner and has the county assessor changed ("recorded") the property ownership to your joint names and set taxes based on your exemptions? I'm assuming that mom had all kinds of tax exemptions from over 65 to zero or lower school taxes, etc. so her rate was significantly lower and you all are paying a higher rate.
Then your brother died - so was his name on the deed at the time of his death? If
so then his share of the property becomes part of his estate and under whatever his will reads as to division of his estate and done through probate.
While Quit Claim Deeds seem like a simple & cheap way to change property ownership there are issues with it especially as to warranty. I've had to deal with QC deeded property (divorce & tax sale property) and it can be sticky in that: you really have to have solid knowledge of the property history and the situation of the property owner as there could be liens or other clouds on the property. Remember this is not a warranty deed. If you should ever need to use it as collateral or get a mortgage on the property - say you want to build on it years from now and need a loan (mortgage) to do it - mortgage companies won't usually accept a QCD as there is no assurance of good title. Also should you want to sell it later on and the buyer needs a mortgage to buy it, most banks will not loan on a QCD property as there is no guarantee (warranty) as to ownership.
Golf - you're a Realtor? Fab!, then maybe you can shed some light on this.
Personally I would go and get a real estate attorney to do a quiet title on the property. Quiet should run about $1,500 for a non commercial property. Takes a bit of time because of the legal notifications needed and an attorney needs to do this. But well worth it as you don't want to find out years from now that in fact all the $$ spent on the property is in jeopardy as there wasn't a clean title to start with and in fact there are other owners with judgements on them.
thnk yo please answer
or was the person intoxicated at the time
If this is true or they claim true it could end up in court and be over turned.
You didn't explain the circumstances.
I'm not a lawyer but a Realtor, and if they are competent and it has already been recorded my guess would that it would be a done deal.