Posted on: 25th Apr, 2007 05:41 pm
My great-grandmother left her 2-flat to my grandma and great-aunt. When my grandma passed away, Grandpa did a quitclaim for his interest in the property as her surviving spouse. My grandpa supposedly left his interest in the property to my dad. Grandpa died 12/06 and my dad died in 12/07. My great-aunt is interested in selling the property and moving to a smaller place due to her advancing age. My dad had an adult son from another relationship. Does my brother have any rights to the property or can my aunt sell it and keep the profits to live off?
Leslie, if grandpa left property in your dads name then how your great aunt will be able to sell. She will be able to sell the share of property interest she received from your great-grandmother. You are also not sure if grandpa did actually leave property to your dad.
First you need to confirm if your dads is on property title from county recorder's office in your region.
If it was in your dads name then to whom did he give it to before his death? Did he make any will?
Miller
First you need to confirm if your dads is on property title from county recorder's office in your region.
If it was in your dads name then to whom did he give it to before his death? Did he make any will?
Miller
Hi Leslie,
Welcome to forums.
Your brother can only claim an interest in the property if it belonged to your father and he conveyed it to your brother. Otherwise, he has no interest in it.
It would be really helpful to you if you can find out any deed that your grandpa must have signed over to transfer a certain share of the property-interest to your father. Then your great aunt can sell the property and hand over the proceeds to you or your brother as she prefers, though it should legally belong to whoever owns your father's interest in property.
Thanks.
Welcome to forums.
Your brother can only claim an interest in the property if it belonged to your father and he conveyed it to your brother. Otherwise, he has no interest in it.
It would be really helpful to you if you can find out any deed that your grandpa must have signed over to transfer a certain share of the property-interest to your father. Then your great aunt can sell the property and hand over the proceeds to you or your brother as she prefers, though it should legally belong to whoever owns your father's interest in property.
Thanks.
As per what you have said your dad and great-aunt were on the title of the house. Now you need to know before his death to whom did your dad give his share? Your great-aunt cannot sell the property until both owners (great-aunt and the person who now owns your dad's share) sign the sale documents.
"My dad had an adult son from another relationship. Does my brother have any rights to the property or can my aunt sell it and keep the profits to live off?"
Leslie, if your dad gave his share over to his son then your great-aunt won't be able to sell without his consent and signatures and will also gets a share from the sale.
Leslie, if your dad gave his share over to his son then your great-aunt won't be able to sell without his consent and signatures and will also gets a share from the sale.