Since the one daughter refuses to sign the Quit Claim Deed, do I have a chance in court?

Question

My father died before he could actually sign the codicil that was typed and ready to sign.   My sister signed a Quit Claim Deed, but her oldest daughter refuses to sign it because she wants money from the house if I die. My father was in the midst of giving the house to me, and then I would pass it to my daughter. I lived with my father and took him to appointments took care of him for 3 years. My sister has a house paid for, giving it to her 2 daughters and she said that she wanted me to have the house. I want my name to be on Deed and for the house to go to my daughter and granddaughter.  My father made my sister and I co-executors of the 300 acres farm land too. I think it is personally greedy for the one daughter to be so stubborn. Can I win in court?

Kathleen Delacy · Answer

If your sister agrees to testify that was your father's intent, you may, but I am sure you know anything can happen in court.  Why would your sister's daughter need to sign the deed?  What did his Will say regarding the house?

Jayne Sebby · Answer

Without a signed codicil, the terms of the original will determine the distribution of your father?s assets.  You don't indicate why your niece thinks she has a claim to the property.

Dara J. Goldsmith · Answer

Probably not.  You cannot force your niece to give you something she owns.  Seal to a lawyer who can review the title and other papers if you are unsure.

Mark T. Peters · Answer

You have no chance.  Your father didn't sign the codicil and what is in the will controls.

Michael McFarland · Answer

Greedy and stubborn will not really make good legal arguments.  The will and any completed, valid codicil(s) determine where the property goes at first. If the will gave the property to you and your sister, it's not clear that her daughter has any interest.  If there was no valid will, the property would likely go to you and your sister equally, so your niece wouldn't have any claim so long as your sister is alive.  Disregard the foregoing if the property is held in a trust, or there was a co-owner with your dad. Recommend you have the property ownership documents reviewed by an attorney.

Edwin K. Niles · Answer

How is the sister's oldest daughter involved?  Is she a beneficiary under the will?  Without reading the will, one cannot answer this question, but I doubt that the daughter has standing to complain.  In any event, since dad has died, it appears that the matter will end up in probate court, and the attorney handling the probate should be able to help you.

Brian Haggerty · Answer

It doesn't seem to me that a quit claim deed is what you want here. The property you want outright should be in your father's probate estate; it seems a little strange that granddaughter is a beneficiary in your dad's will, but it's not impossible. Just reading your question, though, I think there may be aspects to this you haven't worked through. There may be easier ways to get what you want.

Victor Waid · Answer

You are advised to consult probate litigation counsel to represent you as a beneficiary of the estate. I am assuming this matter is in probate court. Beneficiary representation would advise/protect you, be able to advise you as to your chances of the proposal you are suggesting re the titling of the land. If there was a will, then the provisions of the will must be followed by the court, unless the beneficiaries agree to some other arrangement as to distribution. If there is no will, then the statutory scheme re distribution occurs, distributed to children of the deceased first in equal shares, then to grandchildren of a deceased child in equal shares as to that deceased child's share.

Nathan Wagner · Answer

I don't understand why you need your niece to execute a quit claim deed. Did your father's will give the house (or an interest in the house) to your niece? You only need a quit claim deed from the people who take an interest in the house under the will. If the will says that your niece gets an interest in the house, then you will have a hard time getting a court to force her to give up that interest. It all depends on the words used in the will. The unsigned codicil does not help you.

Ben Liu · Answer

Given the assets involved, you should retain an attorney to review all the documents and facts and to advise you. To properly advise you, all facts and relevant documents need to be reviewed.

Jonathan Shimberg · Answer

The will controls what happens if your father did not sign the codicil.  As you have not indicated what the will says, that is unclear,  The person can not be forced to sign the quit claim deed.  But the issue is whether she needs to do so. Only if she has a present interest is her signature needed. if she is a contingent beneficiary, I do not think her signature is necessary, unless the title company is requiring it.

James Frederick · Answer

Can you win in court? Possibly. Are you likely to win in court? Less likely. I agree with your assertion regarding your niece, but this is really a case of your father's failure to properly plan his estate. Your niece is not to blame for that. Because of his failure to plan, she is entitled to her share. The fact that her mother is willing to sign off is a credit to her mother and her character, but there is no legal requirement for the niece to do likewise.  I would suggest that you try to figure out another way to resolve this that does not require you to go to court. Going to court will benefit the attorneys and cost everyone else. Perhaps your niece would allow you to "buy out" her share. That would allow you to accomplish your objectives. It would not be free, but it will get you the property.

Neil Lehto · Answer

As I understand your question, your father has no other natural heirs except you and your sister. His house was bequeathed to you and your sister by his will. Your sister has signed a quit claim deed for the house to you.   Unless I misunderstand, the house would go to your daughter unless, of course, your wife was still alive. So, why do you think you need a quit claim from your sister's daughter?

Norman Green · Answer

No.  You lose.

Christine James · Answer

You may not have to take her to court and signing a quitclaim may not be the way to go.  Sit with an attorney and go over title and your father's estate planning documents and see what can be done.

James Weiner · Answer

If the magic words are on the existing deed "as Joint tenants with rights of survivorship"  so the deed reads something like:  Name 1, Name 2 and Name 3 as Joint tenants with rights of survivorship  Michigan law is clear you cannot break that tenancy without unanimous agreement of the owners of the property.. Do not even try it will not be worth the money.

Jeffrey Cogan · Answer

You may have to sue your sister as co-executor to state that you had an agreement, and it can be oral,  with him to live with him and take care of him in exchange for your getting the house.  If there was no agreement, I am confused about the quit claim and would need more clarification.  Was the deed recorded?  Who was the grantee?  Can you deny your niece something that she is entitled as leverage?

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Since the one daughter refuses to sign the Quit Claim Deed, do I have a chance in court?

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