Results 1 to 9 of 9
  1. #1

    Default Quit-Claim Woes

    state: Maine

    In 2000 my parents quit-claimed property to myself and my two siblings, plus my nephew. Since that time my nephew has not paid a penny towards the taxes, repairs, etc....he also moved to Maine and used the property as his permanent address so he could file for bankruptcy in Maine..(he is originally from New York) The tax roll still shows my parents name even though we have ownership.......my nephew has since quit-claimed his share to his mother (my sister) and she refuses to pay the back money that is owed and is being nasty about the whole situation......My fathers final wishes (in his will) are that my sister get nothing and take her name off deed to cottage.......if the rest of us quit-claim our shares back to my father would we have any legal recourse at the time of his death to make her do that? There is obviously more to story but thats the bottom line and we need to get this resolved......any help would be appreciated.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Quit-Claim Woes

    Quote Quoting kwhit14613
    state: Maine

    In 2000 my parents quit-claimed property to myself and my two siblings, plus my nephew. Since that time my nephew has not paid a penny towards the taxes, repairs, etc....he also moved to Maine and used the property as his permanent address so he could file for bankruptcy in Maine..(he is originally from New York) The tax roll still shows my parents name even though we have ownership.......my nephew has since quit-claimed his share to his mother (my sister) and she refuses to pay the back money that is owed and is being nasty about the whole situation......My fathers final wishes (in his will) are that my sister get nothing and take her name off deed to cottage.......if the rest of us quit-claim our shares back to my father would we have any legal recourse at the time of his death to make her do that? There is obviously more to story but thats the bottom line and we need to get this resolved......any help would be appreciated.
    Q: My fathers final wishes (in his will) are that my sister get nothing and take her name off deed to cottage.......if the rest of us quit-claim our shares back to my father would we have any legal recourse at the time of his death to make her do that?

    A: Maybe. But it wouldn't affect sister's part. Either deed to dad, sister, or have a partition suit where the court will order it sold.

  3. #3

    Question Re: Quit-Claim Woes

    Lets say we deed our shares (75%) back to my dad and if and when he passes (he's 97) would the instructions in his last will and testament have to be honored? And since he states in his will that he is leaving all property...etc to us three siblings would his share automatically become ours again? In the original quit-claim to my nephew it really doesnt state what percentage he owned, but when he transferred it to his mother she put in claim that she owns 1/4 share....can we argue that? Also if and when we deed back to my Dad should we do a quit-claim or a warranty deed? Thank you for your response:

  4. #4

    Default Re: Quit-Claim Woes

    Your procedure seems futile and I do no know what it would accomplish. She now owns one fourth. You can file for a partition and the property will be sold to the highest bidder. You can also place a lein against the property for her share of the unpaid expenses. What happened to his share in the bankruptcy proceedings? If he withheld this from the court, you may have leverage.

  5. #5

    Default Re: Quit-Claim Woes

    From what we understand...(he did all this without our knowledge) he used it as his mailing address although he really didnt live there and used 100% of the cottage as an exemption.......although he owed us (the joint owners) money for taxes, repairs, etc since 2000 we were not mentioned as creditors....we were afraid to contact the clerk for the bankruptcy because we did not want to put the cottage in jeopardy.....is what he did legal? If he used the whole exemption how can we find out and do about it?

  6. #6

    Default Re: Quit-Claim Woes

    There is nothing you can do now about the bankruptcy. Why don't you just make a reasonable offer to buy her out? Have all of the quit claim deeds been filed?

  7. #7

    Default Re: Quit-Claim Woes

    Yes, they have been filed.....The only other question I have is if her claim was recorded after my fathers will was witnessed and notorized would we have any ground to stand on since my fathers Will specifially states that she gets nothing and is to relinquish her share in cottage with no monatary value attached.?........We have made her a reasonable offer but she is not answering our emails...she actually told us not to write to her anymore that all our emails are automatically deleted.......I'm sorry to say she is my sister......

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Quit-Claim Woes

    A will doesn't undo a prior, or even a subsequent, deed. The will doesn't become effective until death.

  9. #9

    Default Re: Quit-Claim Woes

    Quote Quoting Mr. Knowitall
    A will doesn't undo a prior, or even a subsequent, deed. The will doesn't become effective until death.

    She was not on the prior deed.....We do have statements signed by my father prior to her getting on requesting her son take his name off (and not quit-claiming it to her)....he verbally agreed, numerous times.....promised numerous times but still stuck us in the back...Family obviously doesnt matter to them...they are only in it for the money....Thanks for all your help...ps....what is the tax records are still in my mother and father name? If property is quit-claimed does the title automatically go to that person?

    1. Sponsored Links
       

Similar Threads

  1. Estate Assets and Debts: How to Title Real Estate to Multiple Heirs
    By debnes in forum Estate Planning, Administration and Probate
    Replies: 3
    Last Post: 09-04-2009, 06:42 PM
  2. Deeds - Quitclaim: For How Long Is an Unrecorded Quit Claim Valid
    By JTTripper in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 04-02-2009, 07:19 PM
  3. Deeds - Quitclaim: Does a Quit Claim Deed Affect Your Obligations Under a Mortgage
    By expresso in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 01-08-2007, 04:56 PM
  4. Deeds - Quitclaim: False Fraud claim of Quit Claim Deed
    By Vanessa in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 10-06-2006, 09:07 PM
  5. Deeds - Quitclaim: Quit Claim Woes
    By NathanP in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 05-27-2006, 06:19 PM
 
 
Sponsored Links

Legal Help, Information and Resources