Name on title

PapaC63

New Member
My girl friend and her brother are dealing with another family member who has put a piece of family property on the market for sale. There are questions as to whether the property was obtained by the family member by means of deceit. Tittle to the property
Is not in the name of the afore mentioned family member. Rather, it is in the name of her deceased father who passed away In 1980. The property was originally in the name of my girl friends mother.
They do not want the property to be sold outside the family. There is also the issue of her brother residing at the property in question.
Any advise would be welcome!
 
My girl friend and her brother are dealing with another family member who has put a piece of family property on the market for sale.

Are all the members of the "family" listed on the deed as owners? If not, then it is not "family" property, it is owned by whoever is named on the deed. You do understand that, don't you?

There are questions as to whether the property was obtained by the family member by means of deceit.

You might think that but you'll have a tough time proving it.

When a person (grantor) deeds property to another person (grantee), the grantor is presumed by law to be doing it willingly and with full knowledge of what that person is doing.

Tittle to the property
Is not in the name of the afore mentioned family member. Rather, it is in the name of her deceased father who passed away In 1980.

And you know that because you have a copy of the deed? And you've checked county records and have verified that there is no subsequent deed?

At any rate if she is the only child of her deceased father (either natural or adopted) and her father's spouse is deceased or divorced then she is likely the legal successor owner of the property. If her name is not on the deed the property will have to be probated before she can sell it out of the estate of her father. Have you checked the probate court to see if that's been done and whether she has the court papers appointing her as representative of the estate?

The property was originally in the name of my girl friends mother.

That would be quite irrelevant if the girl friend's mother's name is nowhere to be found on the latest deed.

They do not want the property to be sold outside the family.

"They" may have precious little to say about it.

There is also the issue of her brother residing at the property in question.

So? Maybe his tenancy is going to soon come to an end and he'll have to get his own place.

What is the relationship of your girl friend and her brother to the deceased owner of the property?

What is the relationship of the person selling the property to the deceased owner of the property?
 
If you suspect anything deceitful, consider taking a trip to the county clerk and doing some research on the property history or hiring a deed and title company to provide a list of transfers. I say this because in one trust and estates case that I served as an attorney I witnessed something I had never seen before - a conservator who was somehow able to transfer property into the conservator's name with nothing more than an "X" for the signature. Considering that the conservator was appointed as guardian, I decided to never assume again once I would hear stories like yours. But as @adjusterjack mentions, all of this is moot if the title is recorded properly and that is not the issue.
 
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