Who Owns Property After Multiple Quit Claim Deeds

[rush]

My question involves real estate located in the State of: Florida

Hi all!

My mother had performed 5 quit claims in a matter of ten years, she had a live-in companion named Ted. She Quit Claimed it into and out of his and my sisters name several times. Her whole idea of this was just to insure that both Ted and my sister had a place to live after she died. Ted passed away about 10 years ago, then my mother passed in 2010, then my sister in 2011.

Mother left her house in a will to us kids, with the exception that my sister could live there as long as she lived, then it could be sold or what ever the siblings decided.
There were no liquid assets, mainly just the house and personal stuff. The problem when looking at the records, was one of the quit claims had no witnesses on Teds signature back in 2000, she had no intentions on it being passed to Teds relatives (they were the reason he was living with her), she just wanted to insure he had a place to live. In addition to the lack of witnesses on the 2000 QClaim, the person that wrote used the word "or" so it said it was QClaimed to mother OR sister OR Ted, she was trying to have a right of survivorship this way.

With all 3 of them passed, I am trying to figure out if the QClaim without witness will cause an issue with teds relatives (or is there some type of statute of limitations on this?) and does the word "OR" in the QClaim really create what she intended (a survivorship). Any help would be GREATLY appreciated!!! my other sister is in real need of the money if I could sell the house.. yes I do know an attorney should be used here, the problem is money... I work for the city and can barely make ends meet.. she is worse off than myself..

Thankx soo much for any input!!!!
Randy

[jk]

time out:

you cannot quit claim anything OUT of another's name. Once you quit claim your interest to another party, that's it unless THEY deed it back to you.

So, go back and figure out when mom deeded her interest to somebody else. Then see if there are any deed;s with that (or those) parties deeding their interest back to your mother. That will be a deed with that person listed as grantor and your mother listed as grantee with the grantor's signature on the deed and (and I haven't checked yet) witnessed as necessary.

If there is a person your mother granted any interest to, while she actually held an interest (since it sounds like she was writing deeds when she didn't actually hold any, or at least all of the title), that has not deeded it to another party, your mother did not own all of the property.

so, start with that. Then you can move to the next step.

- - - Updated - - -

then, to the basic question:

if there are no witnesses, the deed is not valid. It doesn't have to be notarized but it must be witnessed.

[rush]

[QUOTE=jk;622754]time out:

--you cannot quit claim anything OUT of another's name. Once you quit claim your interest to another party, that's it unless THEY deed it back to --you.


It was in her name, she bought it in 1969.. she was the "grantor" AND one of the "grantees" in all the the QClaims. The one that was done in 2000 has Teds signature and it was notorized, have no eathly clue why it was even accepted by the County Clerk. But I had read that there was a seven year limitation on an error in documentation ??

Also not sure if the "OR" in the wording is legal..?? I need to figure it out before I decide which way to go, probate, summary administration etc... If it were not for my sisters financial bind, I would just save up enough for an attorney, just not possible at the moment

Thanks for any input!!!!!
Randy

[jk]

. she was the "grantor" AND one of the "grantees" in all the the QClaims

Ok, so she always retained some share of the title. Did EVERY grantee she deeded it to deed it back to her prior to her death? If not, she does not own 100% of the property.

So his name is notarized but not witnessed? You do realize a notary is a witness, right? but that is only one of two.

Teds family can dispute the validity of the title if there is an error such as you describe. Who wins? the lawyers.

You really need to figure out who really owns the property.


gee, I wonder if all the taxes were paid on all the (presumably) free transfers. Income is income.

[rush]

Thats correct, Teds signature was notorized which yes would constitute 1 witness..

The big thing besides the witness is the "OR" factor, the grantees were listed as "mom" OR "ted OR "sister".. so if OR did create a survivorship, then my sister would have owned 100% when she died.
And it was put that way in all the QC's..

arghhhhhh...!!

[jk]

689.15 Estates by survivorship.—The doctrine of the right of survivorship in cases of real estate and personal property held by joint tenants shall not prevail in this state; that is to say, except in cases of estates by entirety, a devise, transfer or conveyance heretofore or hereafter made to two or more shall create a tenancy in common, unless the instrument creating the estate shall expressly provide for the right of survivorship; and in cases of estates by entirety, the tenants, upon dissolution of marriage, shall become tenants in common.

that means it would have to actually state there was a right of survivorship.

I would have to suspect that the term "or" would be disregarded as it provides no constructive purpose. In fact, it causes confusion.

[rush]

Geuss my sister is just going to have to wait then .. gonna gave to save up to get a lawyer..

Thanks very much for your input jk !!!