Posted on: 09th Oct, 2007 01:26 pm
after my mom's death my father remarried and to avoid conflict with my brother he quit claim my parents home to my brother. Since the title was under both of my parents name and this transaction took place after her death is this legal, what rights does me and my sisters have. Can we claim my mom's half of the house?
Your father should have first transferred the entire ownership in his name and then quitclaimed it to your brother. I think you can still claim your mom's half of the property. Do consult an attorney first.
Hello,
If the deed has rights of survivorship, then your father has automatically got the whole property in his name. In that case he has the right to quit claim the property to any one he chooses to. Then, any further claim to that property will not be valid.
But if it's not like that, your father can only quit claim his portion of the property. Your mother's portion is still there and you can definitely claim that.
If the deed has rights of survivorship, then your father has automatically got the whole property in his name. In that case he has the right to quit claim the property to any one he chooses to. Then, any further claim to that property will not be valid.
But if it's not like that, your father can only quit claim his portion of the property. Your mother's portion is still there and you can definitely claim that.
It is better to consult with an attorney, because the quitclaim was done to your brother after your mother's death. So you have all the rights to claim your portion of interest. :)
this is problem about a right of survivorship. If there is a survivorship right, your father can own the whole property and of course he can do a quitclaim deed to anyone he will. or else, you can get your mom's. BTW, I think your father is pitiless to you.
If it was Joint tennats w right of survivorship ( and its typically is ) then you are out of luck.
