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quick claim deed

Posted on: 04th Feb, 2007 08:36 am
Our grandmother had her and our grandaddys house transfered to a living trust 1 month before she died. The trust named grandaddy as the trustee to his own living trust. After grandaddy found that his stepdaughters were trying to deem him incompetent in order to become successors on the trust he revoked his trust and wrote a new will leaving everything to my husband and I because we are the ones who care for him. He then had a new special warranty deed taking the house back out of the trust and back into his name only. Now the stepdaughters are threating to sue for their so called half of the house. since my husband and I currenlty live in the house and are going to inherit the house anyway would a qcd to us keep them away!
yeah, property in trust can be quit claimed to you and your husband. This will transfer property to both of you. But then, there is already a Will which will help you to get the ownership rights on the property after the death of your granddaddy.

For more on this issue, check a community discussion on Transferring trust property.
Posted on: 04th Feb, 2007 07:37 pm
Welcome JD.

The stepdaughters are suing you but they will get nothing out of it. This is because the property will be legally owned by you after your granddaddy passes away.

Moreover, the Will states that property should be passed on to both of you in future. So, whatever they do, legally they do not own half of the property. By threatening you, they are just trying to make you afraid so that you pay them some money just to keep them silent or else you leave away the property to them.

I shall suggest that you consult an attorney if they do not stop these threats and continue to disturb you in this manner.

Thanks.
Posted on: 04th Feb, 2007 10:01 pm
" He then had a new special warranty deed taking the house back out of the trust and back into his name only."
If Grandaddy is willing to quit claim it over to both of you now, then also there is no legal obstruction to it. As the property is now in his sole name, he can give it to anyone he wishes. But then the will he has made would not have much use.

If you ask me I would agree to take the property from my Granddad right now if he is willing to quit claim it, instead of enforcing the will after his demise.

V. Coyne
Posted on: 05th Feb, 2007 12:48 pm
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