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is this legal

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krissie_hemphill Joined: 24 Aug 2010 Posts: 1 1.00 Dollars($)	Posted: Tue Aug 24, 2010 9:55 pm    Post subject: is this legal Like 0 Dislike 0 My husbands grandmother owned a house before she passed but had signed the deed over to my mother in law, it has been notarized and everything, and my mother in law has been paying taxes on the property for the last 20 years. Well now my mother in law wants to sign the house over to my husband and I and move out. However, my sister in law recently told us that my husbands grandmother had written out a will after she signed the deed that states that if my mother in law should pass away or move out, the house is to be demolished, the property sold, and the proceeds split between the grandchildren. My question is, is this legal? If she had already signed the house over to my mother in law, can she then take it away in essence? Or does the deed mean that it is my mother in laws house, end of story? My husband and I want to do this legally but cannot seem to get ahold of any realestate attorneys. ANy help would be great, especially a starting point.
jameshogg Joined: 20 Dec 2005 Posts: 10477 Location: Nevada 990.06 Dollars($)	Posted: Tue Aug 24, 2010 11:27 pm    Post subject: Like 0 Dislike 0 Hi krissie, The quit claim deed had made your mother-in-law the owner of the property. In that case, I don't think the will would be taken into consideration. Your mother-in-law will be considered as the owner of the property and she can transfer the property to anyone whom she wishes to. You can even contact an attorney for further assistance in this regard. Thanks
krissie Guest	Posted: Wed Aug 25, 2010 12:36 pm    Post subject: Like 0 Dislike 0 Thank you. My mother in law just does not want anything to come back on anyone, and my husband and I did not want to take out a loan to fix the place up if the house is just going to be demolished and the property divided. The house has been in my husbands family for three generations (our children will be four) and so it is all about sentimental values to my husband. The last thing we want is for a 90 year old house to be torn down for no good reason.
Guest	Posted: Wed Aug 25, 2010 1:19 pm    Post subject: update Like 0 Dislike 0 I have obtained a copy of the deed and it is a statutory bargain and sale deed, what does this mean and does it make a difference?
smithsussane Joined: 18 Sep 2008 Posts: 10439 Location: Alaska 985.83 Dollars($)	Posted: Wed Aug 25, 2010 10:22 pm    Post subject: Like 0 Dislike 0 Hi Guest! Welcome to forums! A bargain and sale deed conveys real property without covenants. The grantor implies to have or have had an interest in the property but offers no warranties of title to the grantee. It is used in many states to transfer title. Feel free to ask if you've further queries. Sussane

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