Legal Question in Wills and Trusts in Georgia
Is Quit Claim needed from only adult child if grandparent wants to leave propert
My grandfather and I own a rental property, both names on deed. He died three years ago without a will, and I assumed the property would then be mine. My grandmother is still alive and since we didn't know if the deed was worded as joint tenancy she signed a Quit Claim in case his half of the property automatically went to her. My grandparents have one child, my mother. Recently, I went to borrow money from a bank and was told by the attorney's doing the loan that I would need my mother to sign a Quit Claim before the deed could be placed solely in my name. My question is why??? My grandmother is still alive, so if my grandfather's half of the house did go to her and she's already signed a Quit Claim, does she have to have permission from my mother to do with what she wants with her own property. Isn't that kinda like asking your child if it's okay with them if she sells her own home??? Desperately looking for answer....
2 Answers from Attorneys
Re: Is Quit Claim needed from only adult child if grandparent wants to leave pro
The attorneys are apparently correct. As you stated the facts, you owned a 1/2 interest to start. Your grandmother and your mother inherited a 1/4 interest each from your grandfather. You received your grandmother's 1/4 interest. You now own a 3/4 interest, and your mother owns a 1/4 interest.
Of course, one would have to do a title check in the county where the land lies to know exactly who the owners are.
Re: Is Quit Claim needed from only adult child if grandparent wants to leave pro
Your assumptions about the laws of descent and distribution are incorrect. If there's no Will, real property is vested according to the laws of descent and distribution in the state where the property is located. When a person dies, their real property vests in their heirs, which usually includes their wife and/or children. If your Grandfather had no children your presumption would be correct. But since your grandfather died without a Will, and your Grandmother and Mother were both heirs to whatever real property he owned, both would need to sign the QC Deed to put the property solely in your name.
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