Legal Question in Real Estate Law in California

Parents left house to 4 children. One sister quit deeded her share to the brother in 2010. Second sister now wants 33.3% of property because only 3 owners remain on title. This was not the intent of the quit deed transfer. What is correct percentage of ownership for remaining 3 owners.


Asked on 9/01/15, 4:54 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

As you apparently expect, the three would own 50%-25%-25%.......assuming there are no unusual terms in the inheritance itself or in the sister's quitclaim deed.

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Answered on 9/01/15, 5:14 pm
William Christian Rodi Pollock

It would be necessary to see the actual deeds. If your statements are an accurate descrioption of what the deeds actually say, the brother who received the quitclaim owns 50%, and the other two children own 25% each. To verify this a chain of title investigation is required. Is the property still in your parents name? Was it probated? If so what was title like before the quitclaim deed was recorded? Exactly whose name was the quitclaim indicating as the transferee?

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Answered on 9/01/15, 5:15 pm

It would have been cleaner if the departing sister had used a grant deed, but I agree with the previous answers.

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Answered on 9/01/15, 5:44 pm


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