Legal Question in Wills and Trusts in Georgia

Quit Claim Deeds

My father, in the mid '70s, placed his home and property in a quit claim deed to me with the understanding that upon his death it would be equally distributed between my two brothers and myself. In the mid 90's, due to my actions, he was sentenced to prison for sexually abusing my niece. He has refused any contact with me since that time. I am not interested in personal benefit from this, but want to ensure that he cannot 'undo' the quit claim deed without my personal involvement. Proceeds should be used to ensure that my niece can attend college and receive any additional needed counseling.


Asked on 8/29/99, 10:17 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Quit Claim Deeds

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Usually a deed is not subject to being recalled or modified by the Grantor, unless it is a true fee simple with right of reversion. Example grant use of property as long as it is used as a church, etc. In your case the test of the use of the propert would come after your father's death. So, a challenge could only be made by his estate after death (if at all). Sounds to me like the QCD will stand up.

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Answered on 8/31/99, 12:33 am


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