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Quit claim deed

Discussion in 'Buying & Selling a Home or Residence' started by Rosa Williams, Jan 15, 2021.

  1. Rosa Williams

    Rosa Williams Law Topic Starter New Member

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    My mom signed a quit claim deed on some land my dad had. He pastaway and supposedly he said he was going to give it to his neice. They started baggering my mom the day of the funeral. But my question is it has never went through probate so its not in my mom"s name . Is the quitclaim deed legal and can we get rid of it she has had time now to think of it , and just now in the process of going to probat probate. The quit claim has been filed but not went through because she had no legal right to sign over property.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    If your Dad died without a will then "supposedly he said" means nothing.

    The property is still in his name and needs to be probated.

    Without a will, the GA laws of intestacy apply. Spouse and children share equally but the spouse gets at least 1/3.

    If he had a will then the land goes to whoever he named in the will as devisee.
     
  3. zddoodah

    zddoodah Well-Known Member

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    When did your father die?
    Did your mother sign the deed before and after your father died?
    Who is the grantee named in the quitclaim deed?
    What your father said he was going to do with the property is legally irrelevant unless he said it in a valid will. Did he?

    Who are "they," and what does "baggering" mean?

    So...the property still stands in your father's name?

    "Legal"? Sure, it's legal. Whether it had any legal effect depends on a lot of facts that aren't contained in your post. What a quitclaim deed does is convey any interest of the grantor in the property to the grantee. However, a quitclaim deed comes with no warranties of any sort, so if the grantor has no interest in the property, the quitclaim deed is a meaningless gesture. In the situation you described, your mother probably had at least a marital interest in the property, so she likely gave up that interest in the quitclaim deed (assuming the deed was delivered by your mother to the grantee).

    Who are "we"? Your post doesn't suggest this has anything to do with you. As far as the ability to "get rid of it," if the deed has been filed with the county clerk, then the answer is almost certainly no.

    If your mother hasn't retained the services of a probate attorney, she should do so.

    What does "filed but not went through" mean?

    Of course she does. She has a right to convey her interest in the property, if any, however she sees fit.
     
  4. flyingron

    flyingron Well-Known Member

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    And I'll amplify that. It grants only that interest that the grantor has AT THE TIME the quit claim is signed. If she signed the deed before she actually had any ownership interest, it conveyed nothing, even if she subsequently gets it through probate.
     
    Rosa Williams and army judge like this.
  5. adjusterjack

    adjusterjack Super Moderator

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    Given the context, likely "badgering." Nagging or criticizing someone about something in an annoying and pestering manner.
     
  6. Rosa Williams

    Rosa Williams Law Topic Starter New Member

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    He had No will.
    IT was my dad's neice whose mother lived on the land till she past . My dad past without a will and mother signed a quitclaim deed before probate . I wanting to know if my mother can undo the deed?
     
  7. Rosa Williams

    Rosa Williams Law Topic Starter New Member

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    Nagging started the day of the funeral of my dad.
     
  8. Rosa Williams

    Rosa Williams Law Topic Starter New Member

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    After his death and my mom's name which is not legally in her name yet. he past in 2019
     
  9. Rosa Williams

    Rosa Williams Law Topic Starter New Member

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  10. zddoodah

    zddoodah Well-Known Member

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    Probably not. However, you didn't answer most of the questions I asked, and that limits my ability to tell you more than I've already told you. She should consult with a local attorney for advice.
     
  11. Rosa Williams

    Rosa Williams Law Topic Starter New Member

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    IT was after he died before probate no will. Grantee was my Mother. Nothing in writing just verbal.
     
  12. flyingron

    flyingron Well-Known Member

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    Huh? Mom being the grantee on a quit claim she signs makes little sense. It's the person who has ownership interest in the property who has to sign the conveyance if it actually conveys anything.

    Verbal means nothing with regard to real estate.
     

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