QUESTION
Can a family member relinquish their rights to property that their deceased parents still hold title to?
Asked on Jun 21st, 2014 on Estate Planning - Illinois
More details to this question:
My grandparents died in 1965 and 1970 respectfully and still are the titled owners to a property to this day. In 1977, my mother who is their daughter wanted to get her share of rents from the 4 flat apartment building her parents owned but my uncles were only paying $40.00 a month rent. My uncles told my mother there is no rent money to distribute and she was forced to get a lawyer and she then transferred her rights to the property to her 5 brothers through a quit claim deed that was filed in the state. My mother's brothers are now all deceased and my cousins informed me that because of the quit claim deed my mother signed, that I now have no rights to this property as a grandchild to the owners of this property who are still my grandparents. Do I have any legal means which I can take to be part of the property and the distribution of the monies after the sale of the 4 flat apartment building? Thanks.
2 ANSWERS
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
Since your grandparents did not have a will their ownership interest would have transferred to their children upon the death of the last to die. Your mother would have had an ownership interest at the time she executed the deed quit claiming any interest she had in the property to her siblings. You indicated that your mother was represented by an attorney at the time of the transfer to her siblings. Did she receive any consideration in exchange for delivery of the deed? Was there any agreement between your mother and her siblings? You would not have inherited any ownership interest directly from your grandparents since your mother was alive when your grandparents died. Any ownership interest would come to you from your mother. If the quit claim deed was valid then your mother delivered her interest to her siblings.
Answered on Jun 24th, 2014 at 9:26 AM
Your mother's quit claim terminated her rights. Your rights, if any, come from your mother. Title to the property passed when both grandparents, to your mother and her brothers as tenants in common. Her execution of the deed most likely ended any interest you may have had the property, unless you are an heir of one of the brothers.
Answered on Jun 23rd, 2014 at 2:07 PM