What rights do i have with a Quickclaim Deed?

Question

I am currently in the process of a long fight with my brother to my rights of my mothers house. My mother died in 1996, SHE DID NOT HAVE A WILL. However she put the deed of the house in my name in 1991 when i was only 5 years old. My grandmother was appointed the administrator after her death in 1996. I am trying to move in the house now. We were recently renting the property. My brother is trying to say that he is heir to half of the house even though the deed was quitclaimed to me long before her death. I want to know is there any way for him to have any inheritance in the house? Also what steps do i need to take to probate the house into my name? Therefore i can legally live in the house.

THe house is in the State of Georgia. The property taxes are still in my mothers name. I was only 8 when she died

Answer 1

You dont seem to have ALL the information here-- something's not adding up.

If she deeded you the house, she would not be on title AT ALL, and the property taxes WOULD NOT be sent to her name-- if she got tax statemetns, that means the county had her on title.

If she did indeed deed the house to you before her death -- and i mean JUST to you in entirety-- then your brother has no claim. If she merely "added" you to title, so that you were BOTH on it, then she passed away, her interest (50%) would go one of two ways:

1) if the deed was written with "right of survivorship" you automatically inherit her interest and now own 100% of the home-- Regardless of who is the legal heirs of everything she owns, if the original was done with right of survivorsihp, the other person on title gets it all.

2) If it was done as "tenants in common", then her interest would be divded among applicable heirs. If you were both on title and then she died and left it half to you and half to your brother, then you would own 75% and he would own 25%. You would owe him 25% of any equity in the house-- you'd probably have to refinance and pay him his share to get him to agree to deed his interest.

Also, FYI, you do not "put the deed in your name' or "Quitclaim a deed". She quitclaims you the property, or "deeds' you the property.

Contact a title company and ask for a title report-- claim you are interested in selling, so they should do it for free- - and you can see who is currently on title.

Answer 2

You need to see an attorney. In the absence of a will, property is generally distributed equally among heirs according to state law. The property would first go her spouse, then to her children, and then to her parents, etc. From that standpoint, your brother would be entitled to half of the house. The quitclaim deed might take precedence over the probate laws, but there might be issues with you being a minor, no consideration, etc.

Answer 3

The proper name is Quit Claim Deed.

All that occurs is that one person turns over any claim of the property to another person. The claim has to be properly recorded at the register of deeds or what ever you state uses to be legitimate.

They may read, "I Your mother, quit all claims to X property." Or it can say, "I Your mother, turn over all claims to X property to my son Your Name."

If done the former way and there are no names on the deed, anyone could claim ownership should they be able to show evidence of acting like the owner, paying insurance, taxes, maintaining the property, etc., subject to any liens.

If the deed carries no other name than yours, the property is yours in totality subject to any liens.

If you and your brother have been renting it to someone an sharing the income, should there be no name on the property, he could legally claim partial ownership.

Should only your name be on the property, your mother's will not withstanding, you have right to the property when you become an adult. Usually that is 18.

Answer 4

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Answer 5

If the property was in your name only, and the taxes were paid in your name only, the house shouldn't be part of her estate.

You'll need to check with a real estate attorney to see who owns the house legally. If it was in your and your mother's name, your brother may have a 1/4 interest in it out of her estate. It all depends on your state laws.

Answer 6

I've no idea how they work in Georgia, but why not try asking a Supreme Court Librarian in the house's locale for information. She can point you to the lawbooks that would offer information. It may take a half a day, but another more $costly thing--a local lawyer who'd eventually want your business after the free consult.

Answer 7

This depends on whether or not the Quitclaim is legal. GO SEE A LAWYER. Likely, it is.

Answer 8

The house is clearly in your name. The brother has little to stand on without a property in his name...sucks to be him.

Answer 9

what state are you in? laws vary. should not need to probate the house. need more particulars on the quitclaim

Answer 10

There are things missing here. See a lawyer