Compare Mortgage Quotes

THardesty · Joined: 16 Jul 2007 Posts: 2 1.96 Dollars($)

My wife's parents and her grandmother (her dad's mother) haved lived on the same property in two mobile homes for many years. The grandmother is the property (land) owner. The mobile home her parents live in is in their own name. Years ago, the grandmother did a quitclaim deed to her dad which he signed. The provision of the deed was for Joint Tenancy, so that when the grandmother dies, her dad would be sole owner of the land. They had a major argument. The grandmother has moved and is going to sell her mobile home. The grandmother wants her dad to do another quitclaim deed to take his name off, because she wants to sell the land. As it stands, her parents have the right to stay there on the land in their mobile home for the rest of their lives. But now her parents want to move and sell their mobile home. If her parents move off the land, does that affect the quitclaim deed in anyway, since they would, in reality, no longer be joint tenants? Can the grandmother sell the land with the current quitclaim deed still in effect if they move off the land without signing anything? One last thing. Can the grandmother's Will override the quitclaim deed, as far as who gets the land when she dies?

blue · Posted: Mon Jul 16, 2007 1:43 pm Post subject:

Hi THardesty,

Welcome to Mortgagefit discussion board.

I will answer the questions in the sequence in which you have asked.

Niicss · Posted: Mon Jul 16, 2007 4:34 pm Post subject:

Grandmother cannot sell the land as it is not in her sole name. To sell it she will require your father in law's signature as he is also owner of the land along with her.

Moving off the land does not affect ownership rights. I can have property in TX and may very well live in CA. It will not mean that I will lose my rights over the property I own in TX.

Samantha

Hi THardesty,

Welcome to forums.

If the grandmother gets ownership rights on the entire property, she can obviously sell the property. And, as far as the Will is concerned, it can surely override the quitclaim deed for the distribution of property after the death of the grandmother.

Hope this helps..

God bless you.

Samantha

Guest

THardesty · Joined: 16 Jul 2007 Posts: 2 1.96 Dollars($)

Okay, I have blue and Ian telling me that the Will does not override the quitclaim deed, and I have Samantha telling me that it does. Which is it? Another question. If the grandmother gets put into a nursing home under Medicare, I know that Medicare sells off their assets to help pay for it. Can Medicare sell the land out from under my father-in-law even though he has a quitclaim deed with joint tenancy? If not, can they do anything?

colin · Posted: Sat Jul 21, 2007 5:38 pm Post subject:

One joint tenant cannot sell the property without taking consent from other joint tenants.

Guest

If a father and daughter A are in joint tenancy on a property. The father dies and the will states the property goes to daughter B. The will has a later date than joint tenancy deed. Which stands legally correct.

jameshogg · Posted: Tue Jun 01, 2010 10:19 pm Post subject:

Hi donna,

As far as I know, the joint tenancy deed will be given importance as it was signed and came into effect during the lifetime of the grantor. Your best option would be contact a real estate attorney and take his opinion in this matter.

Thanks

Property State:
Property Type:
Credit Rating:

Company	Loan Type	APR	Est. Pmt.
				Go
				Go
				Go
				Go
				Go
				Go

All times are GMT - 7 Hours

Page 1 of 1

Compare Mortgage Quotes

Joint Tenancy Question