question on quit claim deeds

[julsie2]

What is the name of your state?What is the name of your state? Ohio

My grandmother's will states that her property is to be divided between her three children. At her attorney's suggestion, she recently had a quit claim deed made on the real estate to avoid the property being taken and used for medical expenses in the event that she would end up in a nursing home. When they made the quit claim deed, she only named one of her children on the deed. Do the remaining two children have any rights to this property under the provision of her will? Also, can the child holding the quit claim deed, sell or dispose of the property prior to my grandmother's death?

 

[HomeGuru]

What is the name of your state?What is the name of your state? Ohio

My grandmother's will states that her property is to be divided between her three children. At her attorney's suggestion, she recently had a quit claim deed made on the real estate to avoid the property being taken and used for medical expenses in the event that she would end up in a nursing home. When they made the quit claim deed, she only named one of her children on the deed. Do the remaining two children have any rights to this property under the provision of her will?

**A: no.
********
Also, can the child holding the quit claim deed, sell or dispose of the property prior to my grandmother's death?

**A: yes.............

 

[julsie2]

thanks, HomeGuru - another question if I might

Your reply confirmed my thoughts and fears on this situation. My grandmother is telling my mother and aunt not to worry about their names not being on the quit claim deed, that her will "over-rides" the deed and they will still get their portions as their inheritance. Wouldn't that have to be set up as a trust instead of a quit claim deed? My understanding of a quit claim deed is that my grandmother has released all of her rights to this property and therefore it can not be considered part of her estate to be divided at the time of her death. My grandparents gave each of the three children an acre of land to build a house on, but my mother never used hers. My grandmother is now planning on having my mother's acre surveyed and deeded, but I don't understand how she can do this if the entire property has already been deeded to my uncle through this quit claim deed. Is this possible?

 

[lclapp]

Your grandmother no longer has a legal claim to the property. It is that simple.

 

[HomeGuru]

Your grandmother no longer has a legal claim to the property. It is that simple.

**A: yes, so her will does not override anything. Once she's gone, she's gone and has no say.

 

[julsie2]

Thanks, Iclapp - Is there any advice for the girls?

Thanks for the reply - I was afraid that this was going to be a mess. Does any one have any advice for the girls as far as checking all of this out? Is it possible that some type of clause could have been added into the quit claim deed that they might look for? I would hate to think that my grandmother has been misguided in the terms of deeding her property to my uncle, although I know it has happened in many other families. Any advice would be greatly welcomed.

 

[Ciarraine]

Your best bet, assuming the sister to whom the property was transferred to actually wants to resolve this, is to go see an estate planning attorney and get this all worked out. There are a number of better ways to accomplish what your mother was trying to do, and a good attorney will help you choose the right one for you.

 

[julsie2]

What if deeded party is aware of problem?

Thanks, Ciarraine, but let me clarify my question... My uncle took my grandmother to have the quit claim deed made transferring her property over to him. My grandmother informed my mom and aunt about it after the fact. My grandmother is telling the girls that her will should "over-ride" the deed and the girls should still get their portion of the real estate in the inheritance. We have established here this is not the case. What should my mother and aunt do next? Obviously, if they get a copy of the deed from the courthouse and there is no clauses indicating any interest in the property to them, they will need to approach my grandmother and make her understand that she is mistaken... that the property is now her son's and she has no rights to it as she is currently thinking. If my grandmother is not misrepresenting the situation to her daughters and she has actually been misled into deeding her property over, is there any course of action? I hate to think that a brother would do such a thing to his mother & sisters, but we have to consider that my uncle could be complete aware of the situation and has intentionally worked it this way. That being the case, he would be unwilling to try and get it straighten out with an estate planner. Any recommendations?

 

[Ciarraine]

Her will doesn't override anything. She no longer owns the house. Your Uncle and eventually his will can dispose of the house.

If your Uncle, Aunt and Mom can go with your grandmother to an estate planning attorney and get this mess sorted out into something that actually does what your grandmother wants it to do, that's your best bet. If your Uncle is intent on keeping things the way they are, it's too late and your only recourse is to prove that somehow your grandmother was defrauded by the quitclaim deed.

Keep things reasonable, calm, and on an "everyone wants what's best for grandma" footing and hopefully you can resolve this.

 

[julsie2]

have found more information - have more questions

My mother & aunt have had access to a copy of the quit claim deed and it shows my grandmother as the grantor and my uncle and grandmother (and their heirs) as the grantees. The girls are in question as to how much control my uncle has under these circumstances. If my grandmother has listed herself and my uncle as grantees and their is no mention of percentage of interest, does this mean that my grandmother and uncle share interest at 50/50? For example: in the event that my grandmother dies, does my uncle have 1/2 interest through the deed and 1/3 of my grandmother's portion as called out by being an heir in her will... thus leaving him with 2/3 and each sister with 1/6? Also, can anyone advise if in the event that my grandmother might have granted my uncle power of attorney over her affairs, if he could dispose of this property as controlling his share of interest and acting as power of attorney over her share of interest?

 

[Ciarraine]

My mother & aunt have had access to a copy of the quit claim deed and it shows my grandmother as the grantor and my uncle and grandmother (and their heirs) as the grantees. The girls are in question as to how much control my uncle has under these circumstances. If my grandmother has listed herself and my uncle as grantees and their is no mention of percentage of interest, does this mean that my grandmother and uncle share interest at 50/50? For example: in the event that my grandmother dies, does my uncle have 1/2 interest through the deed and 1/3 of my grandmother's portion as called out by being an heir in her will... thus leaving him with 2/3 and each sister with 1/6? Also, can anyone advise if in the event that my grandmother might have granted my uncle power of attorney over her affairs, if he could dispose of this property as controlling his share of interest and acting as power of attorney over her share of interest?

To answer that, I need to know HOW your uncle and your grandmother own the house. Look for this:
(YOUR GRANDMOTHER's NAME) and (YOUR UNCLE's NAME) as________, Grantees;
Fill in the blank... it may be as joint tenants, joint tenants with rights of survivorship, tenants in common...

You still have a mess. It's not what your grandmother thinks it is.

 

[dworrill]

1. If your uncle had your grandmother's intentions at heart, he'd have made the changes.

2. You can't give something away you no longer have (Will vs Quitclaim)

3. Sounds like undue influence and misrepresentation. Let me guess, your uncle provided some kind of monetary support for your grandmother in a loose exchange for the quitclaim.

4. I don't know your grandmother's age, but anyone over 65 that makes abrupt changes to their finances should be held with caution and suspicion.

DAM

 

[julsie2]

additional information - any additional advice?

Thanks for the responses. I spoke to my cousin last evening and he has obtained a copy of the quit claim deed in question. It is Ohio form 605.

It states the following... Grandmother's name widowed, unremarried, to Uncle's name and Grandmother's name . Grantor in consideration of the known sum of $1.00 jointly in life and the remainder forever to survivor of either grantees the receipt where of is here by acknowledged, does here by remise, release and forebear quit claim deed to said grantees, Uncle's name , Grandmother's name and their heirs and assigns forever the following real estate to have and to hold said premises with all priveledges and appurtenances there unto belong to said grantees, Uncle's name, Grandmother's name and their heirs.

My grandmother is 81 years old, and just lost my grandfather in May of this year. As I've stated before, my grandmother is telling her two daughters that their names did not need to be on the deed because her will would "over-ride" this deed (implying that they will each get 1/3 of the properties). I couldn't believe this was the case and this has been confirmed for me by the responses here. I would greatly appreciate it if someone could tell me just how bad the ramifications of this transaction can be... first, to my grandmother, and second, to my mother and aunt. If my grandmother would give my uncle power of attorney over her affairs, could he dispose of the two properties as he wishes? Also, in the even that my grandmother passes away, where do the girls come into play as her heirs? Any advice or explainations are greatly appreciated.