My grandmother recently passed away with no will. My mother's siblings have all signed over a quitclaim deed transfering the house over to the youngest brother for $1. My mom doesn't want to sign the deed. Instead, she wants the youngest brother to buy the house, and divide the monies equally between all of the siblings. What happens if my mom doesn't sign the deed? Can her brother continue to stay in the house and pay the remainder of the mortgage left on the house? None of the siblings have the money to take this to court. What will be the probable outcome?
2006-12-06 08:38:01 · 10 answers · asked by trabear 2 in Business & Finance ➔ Personal Finance
WITHOUT A WILL- SOUNDS LIKE YOUR MOTHER IS ENTITLED TO AN EQUAL SHARE OF THE HOUSE ECT.
ANOTHER REASON ONE SHOULD HAVE A WILL OR PASS PROPERTY ON EARLIER.
2006-12-06 08:40:30 · answer #1 · answered by cork 7 · 0⤊ 0⤋
if your mother doesn't sigh the deed then technically she still owns part of the house and her brother can't do anyhting without her. The bad side to this is that if the payments are not made on time, then when the bank files for foreclouser, it will just mess her credit up. Either way eveybody looses. Sit them both down and make them realize that it's not just their relationship that will go south, but both their credits as well.
2006-12-06 08:52:27 · answer #2 · answered by billy k 1 · 0⤊ 0⤋
I am not sure about other states, but if you are in CA, a person who makes the mortgage payment for 24 consecutive months can take over the title of the house. So your mom and other siblings better seek the legal counsel.
2006-12-06 08:49:03 · answer #3 · answered by FeelingPurple 2 · 0⤊ 0⤋
This happens quite often, if your mother needs the money from her share, her brother can be forced into giving her fair market value. Depending on which state you live, will determine her procedure in obtaining these funds. I would suggest she advises the family , that her next course of action would be to file a claim with probate, and let the court tell him about forced equity. GOOD LUCK!
2006-12-06 10:05:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It depends on the state. As far as I know, if you die intestate your estate goes to your surviving spouce (if you have one). Children, parents and siblings in that order.
If your mom doesn't sign the deed over, nothing will happen until the state steps in.
I'd consult an attorney and not make any hasty decisions.
2006-12-06 08:45:49 · answer #5 · answered by parsonsel 6 · 0⤊ 0⤋
You could try filing the settlement agreement with the deed at the court of records. This would at least show in the abstract that he has no interest in the property. Your settlement order should have been worded to indicate that should he fail to sign a quit claim deed, the order acts as such and authorizes you to remove his name from the records.
2016-05-23 01:41:56 · answer #6 · answered by ? 4 · 0⤊ 0⤋
He won't be able to sell the home with her name still appearing on the title/deed without her signature/consent. Did you mean that your mom wants her brother to sell the home?
If your mom doesn't sign the quit-claim, she will remain on the title. If his name is also on the title, he can stay there.
2006-12-06 08:42:22 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If someone dies without a will, their possessions usually go to probate court and the court system decides what happens. This can take years for them to figure out. Your mom's idea sounds fair to me.
2006-12-06 08:42:35 · answer #8 · answered by smartypants909 7 · 0⤊ 0⤋
They better see an attorney before the State gets involved and everybody loses.
2006-12-06 08:40:53 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Even without a will your grandmother's estate must go through probate. You cannot execute all this without it.
2006-12-06 08:46:48 · answer #10 · answered by kramerdnewf 6 · 0⤊ 0⤋