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  1. #1
    Join Date
    Oct 2007
    Posts
    2

    Unhappy How To Deed Back After a Quit Claim is Filed

    Missouri ,

    My siblings and I are equal share owners in a peice of real estate. My mothers home, while she is still in the nursing home of course it is staying as is, but while my brother was very ill 2 years back, he had a quit claim deed filed to give myself and one other sister his share, afraid of tying up the property etc. Now he has recovered, and wants it back, no problem for us to give it to him but how do we do that since it is a 1/5 percent but was blended into ours, do we deed him 1/3 of our shares? or since there is a clause in the quit claim pertaining to a $1, we did not exchange can we simply get it reversed or negated? Thank you L Wells

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: how to deed back after a quit claim was filed.



    "oh what a tangled web we weave when first we practice to deceive"

    Your transfers are obviously meant to be protectionist in action, especially when mom transferred to the children. Unless this was done in the correct time frame, it could be looked at as a fraudulent transfer and could be reversed by a court should it be deemed as such.

    You need to quit playing with the title of the property and ask an attorney to draw up the correctly worded deed. Doing it as you are will almost assuredly cause title problems and could lead to legal problems in the future.

    The easiest and most complete and least confusing way to do this would be for all on the title to re convey all of their interests to whatever group and division of property within that group as you want to end up with.

    But you really need to quit playing with the title and making things confusing for generations to come.

  3. #3
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: how to deed back after a quit claim was filed.

    The easiest and most complete and least confusing way to do this would be for all on the title to re convey all of their interests to whatever group and division of property within that group as you want to end up with.

    Correct.

    And as confused as our poster is, a lawyer needs to do this.

  4. #4
    Join Date
    Oct 2007
    Posts
    2

    Default Re: how to deed back after a quit claim was filed.

    This was no fraudulant action, I resent the implication.it was done when he was gravely ill at his request, It was deeded to the children through probate when our Father died we were ages, 18 months to 14 years. Mom 1/2 the children share the other 1/2. I appreciate your answer. but we in no way were trying to be dishonest.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How To Deed Back After a Quit Claim is Filed

    My mothers home, while she is still in the nursing home of course it is staying as is,
    he had a quit claim deed filed to give myself and one other sister his share, afraid of tying up the property etc. Now he has recovered, and wants it back
    It may not be the way it truly is but those two statments tend to look like you have been transferring the propert to remove the possibility that either the nursing home (via medicare or some other government requirement) would require you mother to spend down her assests to qualify for medicaid of whatever.

    The statement about your brother could be the same. Could have been simply to avoid having to probate the estate but it could also be seen as avoiding having a creditor making a claim against his estate for a debt.

    If I am wrong, I apologize but remember this, if this woudl ever end up in a court with them looking at things as possibly transferred fraudulently, I suggest there is a good possibility they will have the same view as I.

    btw: are you keeping track of all the taxes that should be paid when you enact all these transactions and paying them?

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