QUESTION
Can an existing quit claim deed be replaced by a new quit claim deed?
Asked on Apr 12th, 2013 on Estate Planning - California
More details to this question:
My mother (age 90), my sister (age 64) and myself (age 68) live together in the family home. We need a new well and we don't have $7,000 to $10,000 to pay for it. I tried every way I could to get the money and as a last resort, I started a reverse mortgage. It took 4 months and $1000+ to get it ready to close. Right before we closed, my brother refused to sign the paperwork. My mother has a quit claim deed where she passes the property to the four of us kids. Can a new quit claim deed that leaves three of us off be made to replace the old deed? It seems the only way my mom can get the money is to replace the existing quit claim deed. Is this correct?
13 ANSWERS
Honestly, what you describe is not possible.
Answered on Apr 17th, 2013 at 12:08 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The answer depends on a number of facts which you have not included in your summary. Was the original deed recorded? If so, then you have a much tougher case. What were the terms of the original deed? If it was done properly, (i.e., through an attorney), then it is likely your mother would have the right to change the deed at any time. You should have an attorney review the paperwork so you know where you stand.
Answered on Apr 16th, 2013 at 9:11 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Is the deed delivered or recorded? It sounds like it is, and that the house belongs to the four of you and not to your mother. (If a lawyer, realtor or other professional recommended this, your mother might have a claim for malpractice.) If your brother owns a fourth, you can buy it from him if he is willing to sell.
Answered on Apr 16th, 2013 at 8:10 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You might approach your brother this way. Promise him your mother will issue you a new quit claim deed to the three of you after the loan closes, and convince him this action is really for your mother, and not the three of you. This guy needs to get some heart and remember who brought him into this world that allowed him the many gifts of life he has received.
Answered on Apr 16th, 2013 at 7:32 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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A deed is a document that transfers ownership of property. Once the deed is recorded in the county records, the new owners of the property are as set forth in that deed. So, if your mother transferred ownership of the property to herself and three children (and I assume this deed was recorded) then the house is now owned by her and the three of you. She has no more rights in the property than you do, or than your sister does, or than your brother does. A variety of ideas come to mind as to how to force your brother to join in the reverse mortgage, but they all involve litigation, which would be expensive.
Answered on Apr 16th, 2013 at 1:14 AM
3 Awards
Sounds like your mother may have made a gift when she signed the Quitclaim Deed. You should have the document reviewed to see if it can be undone. Absent filing a legal action against your brother, it sounds as if he is the one who needs to deed back his interest. I doubt that he wants to do that. That being said, your mother should sit down with an attorney and review the title status and her options. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Apr 16th, 2013 at 1:08 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally, unless the quit claim deed was recorded in the local county land records its ineffectual because it would not be a completed gift (gift of property interest from your mom to your siblings and you). However given that your brother's signature is apparently required for the reverse mortgage it probably was recorded and your mom cannot take a completed gift back. So no she cannot simply replace the deed. Please contact a local attorney to investigate.
Answered on Apr 16th, 2013 at 1:06 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Once the quit claim deed is recorded, you cannot do a new deed. Please see an attorney to protect your interests.
Answered on Apr 16th, 2013 at 12:52 AM
N o, not if the first deed was recorded.
Answered on Apr 16th, 2013 at 12:51 AM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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If the deed has been recorded and it makes all four of your current owners, the only way to replace the deed is to have all four parties sign a new deed.
Answered on Apr 16th, 2013 at 12:50 AM
If the deed is delivered or recorded, then the house is owned by the four children. If the deed is not recorded and is in the possession of only your mother and she has does not want it to go into effect, the house is still hers and she can do what she wants assuming she is competent. She should go see an attorney about how to best leave her estate.
Answered on Apr 16th, 2013 at 12:42 AM
Thomas Edward Gates
While a new Quitclaim Deed can be executed, only the grantors may seek to transfer the real property. Since your mother transferred her property to the children, only they can make the transfer to new grantees. Thus your brother has a right to refuse to do so. You should not execute a reverse mortgage unless it is your last and only option. However, if you do, you not your mother would have the underlying debt since you are placing the reverse mortgage on your property and not hers.
Answered on Apr 16th, 2013 at 12:42 AM
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Be VERY careful before changing a document that disinherits someone. It does not cost $7,000+ to have a will done and it is your mother's estate to do with what she wants. You are asking for years of litigation and tens of thousands of dollars if you interfere with your mother's right to dispose of her property. Tread lightly or you could be very sorry.
Answered on Apr 16th, 2013 at 12:24 AM