My Dad passed away in July of this year. He left his estate to me, including his home. Everything was left to me in a Revocable Trust. I was about to put the house in my name when I got a letter from my brother, along with a deed, showing that my parents left the house to HIM at an earlier time. That deed was dated July 2004 and was drawn up 2 weeks before my Mom died. My Dad disinherited my brother in the trust because after my mom passed, my brother deserted my dad. Therefore, my dad wanted me to have the house to live in because he was so hurt by my brother and knew that I needed a home. To make a long story short my deed is a Quitclaim Deed and the one that my brother has is a GRANT Deed. I was told that the Grant Deed supercedes the Quitclaim. The Grant Deed states that the property passes to my brother upon the death of the last parent.Even though he was disinherited can he force me from my HOME?? I plan to see a lawyer tomorrow, but I'm dying for an answer NOW.PLEASE HELP
2007-10-25 14:48:21 · 3 answers · asked by o7mistique 3 in Business & Finance ➔ Renting & Real Estate
Yes, Mr. REALTOR, to ease my mind I wanted to see if an EXPERT would answer...but thanks for your concern!
2007-10-25 17:05:00 · update #1
The Quitclaim deed was put into the trust in March of 2005.
My brother's deed was recorded in 2004, but it states that the property becomes his AFTER the death of both of our parents. I had no knowledge of this until recently.
The quitclaim deed and the disinheritance of my brother occured in 2005, 8 months after my mom's death. My dad passed away in July of 07. I hope this helps! and THANKS!!!
2007-10-25 23:06:52 · update #2
Sounds like your Dad created a legal quicksand pit for both of you. Sad to say, you will probably need not only an attorney, but the courts to straighten this mess out for yourselves.
2007-10-25 15:03:45 · answer #1 · answered by acermill 7 · 1⤊ 0⤋
I am sorry the question is so confusing more information is needed.
You stated there was a trust and you were named as the beneficiary of the house in the trust document. In order for the trust to be acknowledged the property must have been deeded into the name of the trust, was this done?
Second you state your brother has a deed? Was this deed recorded? Was it Recorded prior to the deed into the trust?
You have a deed, was yours recorded? Did you have knowledge of the other deeds when you recorded your deed?
All of these answers must be clarified.
Please explain the chain of deeds starting from when both your parents owned the property before they passed.
Who is paying the property taxes on this property?
2007-10-26 00:23:06 · answer #2 · answered by greeneyedblond31558 3 · 0⤊ 0⤋
You are going to see a lawyer tomorrow and cannot wait till you get a real legal advice? What if I tell you that the house is yours, but your lawyer tells you it's not the case? Will you say: "But a guy on Yahoo told me..."
I'm a Realtor and I'm not allowed to give LEGAL advice, but personal advice is: listen to your lawyer and not to "legal experts" here on Yahoo.
2007-10-25 22:48:33 · answer #3 · answered by REALTOR 3 · 1⤊ 0⤋