Legal Question in Real Estate Law in California
My Grandfather purchased property for my mother in his name,after 5 years he gave her a quitclaim deed to the property.When she passed away it was discovered a typo had been made on the quitclaim deed so my Grandfather had another drawn up in my name with the title administrator of the estate.My Grandfather is in possession of the grant deed.Who owns this property?
3 Answers from Attorneys
Depends on the typo and whether or not you have been named administrator of the estate by the probate court.
Mr. McCormick is correct. If the typo did not make it unclear what the intent of the parties was, then the property went to your mother [as a gift]. But title to the property would not pass without some sort of probate in which an order issues transferring title. Without such an order, you can never get a loan on or sell the real property. The property would pass from your mother's estate to those named in her Will as beneficiaries for the property, or by law if no Will mas made. The new quite claim deed from your grandfather would have no effect because he did not own it. Moreover, he did not give you as a person title, he gave it to you as administrator of the estate [whose estate are you supposed to be the admin for?]
If the original transfer to your mother was invalid, your grandfather owns the property and his heirs/beneficiaries get it.
I agree with Mr. McCormick. If the typo was insignificant, then the property belongs to the estate. The starting point here, which is not clear, is how significant the typo is.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
