warranty deed changes - Posted by Kim

Real Estate Investing Real Estate Law
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Posted by John Merchant on October 27, 2003 at 23:21:41:

Didn’t mean to have you post private details online here, as that’s really not an appropriate use of this board.

Suggest you state, in the “Subject” box, as above, “AL Advice wanted!” and see if it’s forthcoming.

If it’s not, which I’ll now predict, then go get and pay for some specific AL legal advice, with your lawyer seeing the deed, understanding everybodys’ relationship to each other and the RE.

As Wm Bronchik has said repeatedly, this board exists for general legal questions & answers, NOT to solve anybody’s specific, personal legal issues or problems.

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warranty deed changes - Posted by Kim

Posted by Kim on August 10, 2003 at 22:21:48:

Can a warranty deed be changed?
My grandparents deeded her property to their children. They deeded the house to their daughter. Their daughter died one year ago and they want their only living son now to have the house. Can the will be legally changed? Did the house automatically transfer to her husband and two sons? She wants the house to stay heir property and not get in the hands of in-laws. They still live in the house and have resided there for the past 50 or more years.

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Re: warranty deed changes - Posted by John Merchant

Posted by John Merchant on August 11, 2003 at 24:34:44:

Can a warranty deed be changed?
Yes, absolutely…until it’s delivered to the Grantee. Then it’s irrevocable, and the ONLY way to convey its RE is by new conveyance doc (Deed or Last Will)

Can the will be legally changed?

Same answer: Until the death of one of the Testators (will makers); or until one or both have become legally incompetent (look this up in online law dictionary). Then IT is irrevocable and can only be changed by one of the Will’s beneficiaries doing a new conveyance to new grantee or beneficiary.

You’d need to take the law school course in Wills and Probate to fully comprehend all the jillions of variations to this.

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Re: warranty deed changes - Posted by Kim

Posted by Kim on September 07, 2003 at 08:59:23:

My grandparents still have a copy of the original deed as well as the grantees.
Every lawyer I ask in town says that the warranty deed can not be changed once it has been done. The other person would have to deed it back to them. What do you suggest my grandparents do in this case? The problem is that their son-in-law will not deed them the house back even though their daughter is dead and they are still living in the house. He is claiming it as his own.

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Re: warranty deed changes - Posted by John Merchant

Posted by John Merchant on September 07, 2003 at 09:53:45:

In what state is the house?

Did the daughter have a will, or did she die will-less (intestate)?

The viewers here might be able to help you, but we have to have this info so as to help determine H’s rights to it.

If you can,(and you can, from a title co.) get copy of the Parents deed to their daughter, read it and then post the exact language of it on here so we can see HOW they gave it to her…such as “to Mary Jane as her separate property”, etc.

With these facts known, I’ll bet you’ll then get some useful advice here.

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Re: warranty deed changes - Posted by Kim

Posted by Kim on October 27, 2003 at 22:42:02:

Have you had a chance to look at the deed? Let me know what you think.

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Re: warranty deed changes - Posted by Kim Cosby

Posted by Kim Cosby on September 07, 2003 at 16:54:10:

The state is Alabama and I have a copy of the deed already and this is how it is written:

We, Mr. and Mrs. Cosby, husband and wife, herein referred to as Grantors(whether one or more), grant, bargain, sell and convey unto J. Cosby, M. Heard, and R. Cosby, herein referred to as Grantees(whether one or more), the following described Real Estate, situated Perry County, Alabama, to-wit:

S 1/2 of NW 1/4 of Section 33, Township 20 North, Range 8 East, containing 80 acres, more or less. It is the intentions of the Grantors: (1) To convey the Northern 1/3 of the S 1/2 of NW 1/4 of Section 33, Township 20 North, Range 8 East to J. Cosby;
(2) To convey the middle 1/3 of the S 1/2 of NW 1/4 of Section 33, Township 20 North, Range 8 East to M. Heard, including the Grantors’ residence;
(3) To convey the Southern 1/3 of the S 1/2 of NW 1/4 of Section 33, Township 20 North, Range 8 East to R. Cosby.
To have and to hold to the said Grantees, their heirs and assigns forever, subject to the reservation of the life Estate of Mr. and Mrs. Cosby, Grantors.

And we do ourselves and our heirs, executors and adminstrators, covenant with said Grantee, her heirs and assigns, that we are lawfully seized in fee simple of said premises; that they are free from all encumbrances, unless stated above; that we do have a good right to sell and convey the same as aforesaid; that we will, and our heirs, executors and administrators shall warrant and defend the same to Grantee, their heirs and assigns forever against the lawful claims of all persons.

Mr. and Mrs. Cosby are both still living
M. Heard and R. Cosby are dead
J. Cosby is the only living child