deed change

fireyone_02 · Joined: 20 Mar 2008 Posts: 267 -0.19 Dollars($)

Hope this doesn't double post.didn't hit the submit button the first time.
When my first husband passed away the family gave me many problems. One was with the property which was in my husbands sole name. trying to keep things on the calm side I agreed to have the property left to my son when he turned 18 (small tract of land wasn't worth the headache)with the brother-in-law being the overseer. One month before my son turned 18 they went in and had a clause added to the document that said if he ever sold the land he had to sell it back to the family for $1.00.
Problem is the daughter is the only one to benefit from this being she gets everything in the end. They have fed off of my sons grandma for years and plan on selling the property anyway when she passes. She is already ill and up there in age and I just can't see my son not being able to do what he wants with this land later in life. Right now he plans on setting up home there even though later I sincerely hope he leaves this drug infested town behind. Was it legal for them to go make these changes? It probaly isn't an issue anytime in the near future but it could become one later. Just need to know where the rights stand. Exclamation

larry · Joined: 27 Jun 2007 Posts: 2951 411.26 Dollars($)

Hi fireyone,

Welcome to the forum.

I think as he is still the sole owner of the property he can make these changes or may quitclaim to you. I think it will be better if you consult with an attorney so that you can make the desired changes.

Feel free to ask if you have any further questions.

Best of luck,
Larry

fireyone_02 · Joined: 20 Mar 2008 Posts: 267 -0.19 Dollars($)

Who is still the sole owner my son or the overseer? I can't see the overseer legaly being allowed to change the deedbeing that the Father was the original owner and not the overseer. I was told by the atty who wrote this all up that an overseer is just a person which whom makes sure taxes are paid, and more or less looks after the property until a child reaches 18. If in fact he could make changes to the deed wouldn't he also been able to sell it before my son turned 18? This really irks me because I could and shpuld have just kept the property myself and then turned it over to them. They were just so crooked when this all came about and I was dealing with my husbands death..at the time I just wanted to be done with it .

jheard · Posted: Fri Mar 21, 2008 7:08 am Post subject:

What "document" are you talking about?

If it is a deed, you cannot change a deed once it is delivered to the grantee.

If it is a trust, it depends on the trust document, and who the Settlor (maker of the trust) is.

gmakerley · Posted: Fri Mar 21, 2008 7:43 am Post subject:

fireyone you mentioned having consulted with an attorney originally. have you had any discussions with that attorney concerning this recent turn of events? that might be a wise thing to do.

fireyone_02 · Joined: 20 Mar 2008 Posts: 267 -0.19 Dollars($)

Thts just the thing..They pushed all this days after my husbands death and I can't remember who the atty is. I did go to the courthouse and get a copy of the original deed on file. It is still in my previous husbands name. So I am assuming that there is a document at the lawyers office that describes the trust agreement. I feel pretty stupid not paying attention all those years ago but it was a short ferious cancer battle that drained me completely. The next day after death the wealthy neighbor started suing for some old railroad right a way he purchased while my husband was dying of cancer for a measly $1.00. Then his family wanted to make sure they got the property back in case I remarried. I guess I just didn't have any more fight left in me and just gave in.

gmakerley · Posted: Mon Mar 24, 2008 7:00 am Post subject:

i think you may need to go back to the courthouse and dig into all the deeds filed - especially the most recent. i would surmise that the attorney you mentioned, whose name you don't know, may turn up as a witness to signatures or as the party taking the oath of the signors. you really need to track that attorney down, i think.

jheard · Posted: Mon Mar 24, 2008 7:43 am Post subject:

You need to get a copy of the trust and take it to an estate planning or probate attorney in your local area for review and analysis.

All times are GMT - 7 Hours

Page 1 of 1