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Updated over 8 years ago on . Most recent reply

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29
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Chris Krivanek
  • Omaha, NE
11
Votes |
29
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Total FUBAR title situation. Need big help.

Chris Krivanek
  • Omaha, NE
Posted

     Ok, so my girlfriend's dad just passed in Kansas City.  He owned a home jointly with his 86 year old mother (or so we thought).  First of all, he had no will.  Overall he didn't have much anyway, so not too big of a deal, but this house, and his sister in particular have turned out to be possibly more trouble than it's worth to see if my girlfriend and her brother will inherit his share or not

        Her dad was currently in a lawsuit with his own sister, and I'm quite sure the house was part of it, so he was dealing with a lawyer at his time of death, but she hasn't been able to get time scheduled with him yet to talk about things.  The lawyer did text her that he thought that the kids getting ownership of the house was favorable given what he knew of the lawsuit, but that was all he said.    There's so much drama I could add about the sister, as she's likely a drug addict, and has completely drained the 86 year old lady's bank account, and many more stories that would make your head spin, but I don't have the time.   

     I have researched what I can about the property and the deeds, so that's where my initial questions stem from, because it really make no sense to me.  According to Jackson County records in Missouri, he initially took deed of the property from some other people, then the same day he recorded a quit claim deed that named both him and his mother as joint owners.  That deed does say that it's a joint tenancy, so the way I understand it, since his mother is still alive, the title would fully go to her, and my girlfriend and her brother would have no claim to the house?

BUT....

I was on another section of the county's site, and it showed my girlfriends now deceased dad, his mom, and the sister as well as all being equal owners of the property.    My girlfriend thought that was weird, as she was told by her dad before that is was just him and the mom on the title.  I then look up the sister's name on the county site, and sure enough, two deeds come up with her and the mom, separated by a month.  Thought that was strange.  First deed was a quit clam that granted it in to both of their names, so a share between the mom and sister.  The paperwork shows nothing with my girlfriends dad's name.    I don't know much about how this stuff works, but if her dad is on the title, how can it be altered without him signing off?    I then look at the next quit claim deed filed a month later, and it shows that the mother has released all her rights to the sister.  This was notarized any everything.  Again, is this proper to do without one owners consent?   Doesn't make sense to me.   That would seem weird if legal, because how could you basically form a partnership with someone without knowing?  

Perhaps that's why the lawyer told my girlfriend that the kids getting to inherit a share of the property looked possible, as the actions the sister took made the original joint of tenancy deed between my girlfriends dad and his mom void.  Also, what I don't understand is, if the mom released her rights in the last deed, why is her name still currently coming up as part owner of the property?  

Hopefully, someone here has a better understading of what I'm dealing with here.  I'm quite sure many know much more than I.  One thing I do know for sure, is the sister is a real piece of work, and if she some how weasels her way into full ownership of this property, it's a real crime... and actually it probably really is, lol.  My girlfriend says she wouldn't be surprised if the old lady turns up dead sometime soon.   Just a horrible situation. 

Thanks in advance for any help. 

Most Popular Reply

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,508
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23,418
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

@Chris Krivanek As @Rick H. was trying to tell you.....you don't know what the actual status of the title and ownership are at this point.  That's why you need to talk to a title co. At that point, you can more clearly understand what the next step should be, and if there is any equity to pursue. One thing you seem to be misunderstanding....when two people are on title (dad and his sister) the sister Can quit claim deed away Her Interest without dad's consent.  This seems like what happened when Susie deeded Her interest to Barbara and herself equally, then Susie later deed all Her interest to Barbara.  So, at that point Barbara and the dad owned the property together.  If rights of survivorship existed with Susie and the dad, when dad died, his heirs are out.  If there was no survivorship in the title, then probate laws would kick in for the dad's half.  This is just my layman's opinion, which may well be wrong, based on your chain of events, which may not be accurate.  And of course, we don't know what kinds of liens, judgments or back taxes may be attached to the property.

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