Quit Claim Deed with Jt. Ten.

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Icon Mini Profile CCMSI





Joined: 04 Sep 2007

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Post Posted: Tue Sep 04, 2007 10:43 pm    Post subject: Quit Claim Deed with Jt. Ten.
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My Uncle Had a Quit Claim Deed drawn up with him as Grantor and himself
OR my brother as Grantee's with Jt. Ten.

According to his will. made in 1999 his estate was to be 50/50 between my brother & I. with my brother as the Personal Representative of his will. The Quit Claim Deed was made in Jan. 2004, 13 months prior to his death. He was diagnosed with Altzheimers in late 2002, and my brother managed to get his power of attorney and took over his accounts, as my Uncle was unable to manage them. Do I have any right to the property that was Quit Claimed? My brother told me that he left no will, however I was able to obtain a copy of it thru my Uncles attorney.
Icon Mini Profile larry





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Post Posted: Tue Sep 04, 2007 11:31 pm    Post subject:
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Hi CCMSI,

Welcome to the forum.

Only if your name is mentioned in the quitclaim deed, you have definite rights to the property. But if your name is not there in the deed, then you cannot claim anything out of it.

To know if you are on the deed or not, you can find it out by enquiring at the office of County Recorder where the deed was recorded.
Maxy

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Post Posted: Tue Sep 04, 2007 11:51 pm    Post subject:
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Hello CCMSI,

I guess your brother was named as a joint tenant along with your deceased uncle on the quitclaim deed. Now with the death of your uncle, the other joint tenant, that is, your brother will hold the ownership title to the property with the rights of survivorship.

Moreover, I wonder how your uncle made the will when your brother, the other joint tenant was there as one cannot make a will with the still surviving joint tenant on the property. In that case, you need to check if the will is valid or not.
Icon Mini Profile miller_st
miller_st




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Post Posted: Wed Sep 05, 2007 4:24 pm    Post subject:
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Quote:
The Quit Claim Deed was made in Jan. 2004, 13 months prior to his death. He was diagnosed with Altzheimers in late 2002


The quit claim deed was made in 2004 and your uncle was diagnosed with Alzheimer in 2002. So after 2 yrs that he was diagnosed with the disease, the deed was made.

It is possible that by 2004 he was not in mental state to take legal decision.

You need to contact an attorney and check the medical records to know how his mental status was defined in 2004 when he signed the quit claim deed. It is possible that in 2004 he was not in mental state to take legal decisions on his own. If it can be proved in court then property transfer done using the quit claim deed will be cancelled by court.

Miller
lisa bates

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Post Posted: Wed Sep 05, 2007 7:11 pm    Post subject:
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"My brother told me that he left no will, however I was able to obtain a copy of it thru my Uncles attorney."

Your brother definitely seems to have some other intentions otherwise he won't have said that there is no will while there was one.
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