Re: Transfer ownership-Some legal issues - Posted by John Merchant,JD
Posted by John Merchant,JD on July 06, 2002 at 11:41:06:
Depends on a number of things, whether this is simple Quit Claim Deed situation, or not.
If you were sitting down with a local (where the property is, not your or your Mom’s state)lawyer who does some RE work and practice, he/she would ask you these questions:
- What is age and mental status of your Mom?
- Are there siblings living? Or with kids if deceased?
- If sibs, or their kids, are they going to get equal shares or be cut out?
If it’s just you, as an only child, probably a simple QC Deed will work.
Nothing stopping your Mom, probably from giving her property to anybody she wants-unless she’s mentally questionable.
If she has a history of mental problems, such as Altheimer’s (sp?), and she is cutting out other sibs or their kids, those guys could come into court later and claim they were defrauded, because the Deed Grantor (your Mom) wasn’t legally competent to grant or deed anything, at the time she did it.
I think most any lawyer would advise you, if there are other sibs, or their kids, being cut out, to maybe have a psychiatrist examine your Mom to be able to testify later that indeed the lady was in perfect mental health at the time of the Deed’s execution and delivery.
I’ve seen some really ugly Will contests and court battles, that totally destroyed the family ties, and your Mom could prevent this by careful planning right now.
She might want to also do a new Will, stating what she is doing, or has done, and explaining it, and also inserting a non-contestable provision, to-wit that any heir or beneficiary who does file or assert any kind of will contest does thereby forfeit any devise or grant to that beneficiary.
This provision is quite common and makes the would-be contestant think twice before filing a contest.
Be aware that a QC Deed only grants what the Grantor owns, so if her title is in any way flawed, or incomplete, so would any grant from her likewise be flawed. So this should be explored while she is still living.
My advice would be to make an appointment, and talk to a local attorney and get some legal advice when it can do you and your Mom the most good…while she’s in OK condition and mental health. This would be money well spent.