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  1. #1
    Join Date
    Oct 2010
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    Post Determining Rights After Issuance of Two Quit Claim Deeds

    My question involves real estate located in the State of: California
    My dad signed a Quitclaim deed placing him and i as joint tenants with right of survivorship one year prior to his passing, he also made a will and placed me as POA at that time. The Quitclaim deed was signed and notarized I was to record it immediately upon his death. 1 Month prior to his passing without anyone knowing another brother got him to sign a QCD for the same property to him. I inturn did as my father requested and immediately recorded the orginal QCD upon my dads death. What my brother did was wrong but I thought I was out of luck and the property was lost to him but when I spoke to the CA County assesors office they said that Once deeds are recorded they go by the date signed and notarized not the date filed. What she said is that my brother and I are 50/50 owners of the property because when my dad signed the second deed he had already given up his right to half the property when he signed the first one. Is this correct? And if I am 50% owner can I QCD my share to my sister as that was the intent for it to be shared. My brother has a criminal record and my dad didnt want anything in him name and my sister is ill.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Determining Rights After Issuance of Two Quit Claim Deeds

    It sounds correct, but we can't see the deeds from here. I suggest having them reviewed by a local real estate lawyer.

    You may also want to discuss with the lawyer whether there's a way to attack the deed that was issued to your brother based upon your father's competence, undue influence, etc.

    As for what you do with your share of the property, that would appear to be your choice to make.

  3. #3
    Join Date
    Oct 2010
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    2

    Default Re: Determining Rights After Issuance of Two Quit Claim Deeds

    Quote Quoting Mr. Knowitall
    View Post
    It sounds correct, but we can't see the deeds from here. I suggest having them reviewed by a local real estate lawyer.

    You may also want to discuss with the lawyer whether there's a way to attack the deed that was issued to your brother based upon your father's competence, undue influence, etc.

    As for what you do with your share of the property, that would appear to be your choice to make.
    Thank you, I really appreciate your help. I will have them take a look. Thanks again.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Determining Rights After Issuance of Two Quit Claim Deeds

    Yes, despite you trying to game things (and I'm not sure just what you two thought you were doing) by not recording the deed. You became the 50% owner at the time the first QC was signed. Your father conveyed the other half at the time the second QC was signed (even if it says he's giving over the whole thing, you can only convey what you own and the QC doesn't make any representations about their being any defacto ownership).
    You being POA means squat.

    I strongly advise (and you should have done so at the time of the first deeding) that you get a lawyer and estate counselling before randomly deeding property around. It's almost ALWAYS a mistake for the giver and frequently has issues for the recipient. You and your brother have your father's presumably low basis now.

    You can give away your half as you see fit, but it's unlikely unless there is some real issues of competency at the time the second deed was signed that you can prevent your brother from having ownership.

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