4 on deed / 3 have passed --- HELP

[bkey01]

What is the name of your state (only U.S. law)? Texas
Tarrant Count, Texas
My grandparents house has the following deed:
25% Grandmother
25% Grandfather
50% My parents

My mother passed in 2005 without a will, my father is still alive. My grandfather passed in 2009 with a will leaving everthing to my grandmother. My grandmother passed in 2010 leaving everthing to her children. My grandmothers will contained language that according to a laywer meant if any of my grandmothers kids had passed, that siblings part was passed to their children.

So currently, the only living person on the deed is my father and we need to get the house out of his name. The family, the four surving children of my grandparents ( 6 total kids / 2 have passed) and my father want to change the deed to be in another family members name. We cannot afford a laywer and nothing went into probate.

How do this? Quick claim deed? or ?

Please help.
Thanks

Brian

 

[FlyingRon]

You need to unravel this by doing the transfer that would apply at each person's death.

The first thing is to start with the exact wording of the deed to see if there are any survivorship rights spelled out (this needs to be explicit in Texas).

Assuming that all the children are children of both spouses in these situations.

In this case, your father gets the mother's share at the time of her intestate death. (25% grandma, 25% grandpa, 50 dad)

Your grandmother got the grandfather's share per the will (50 grandma, 50% grandpa). In this case I can't tell because I don't know if grandma is your father's mother or your mother's mother. Your father might get a share or the grandma's half may pass per stipes to the descendents of the six kids.

You are definitely going to need a lawyer here. There are multiple probates to be done here.

The term is "quit claim" and it won't deed anything from a deceased's estate to anybody.

What do you mean you need to "get the house out of your father's name"
Why should he give up ownership? A quit claim on his part would give up that ownership, but it wouldn't solve the greater problem.

 

[bkey01]

These were my mother's parents. So my dad is not their child.

We need to get his name off the house due to IRS reasons as he had to shut down his company.

 

[anteater]

The technical term for what you have is: a mess. (And, judging from earlier posts, your family has known about this mess since at least a year ago.)

Apparently, your family now wishes to add fraud on top of the mess.

You cannot afford not to have a lawyer.

 

[nextwife]

EXACTLY how is title helf BETWEEN the parties? EXACT language please, minus real names.

 

[FlyingRon]

If you won't answer the questions put to you we can't help you.
As pointed out, you have a mess and it will take someone to read the deed and the various wills and compute the succession.

Why do you want to steal father's ownership of the property?

 

[anteater]

Why do you want to steal father's ownership of the property?

Apparently, the IRS has some issues with Dad.