Legal Question in Wills and Trusts in Maryland

I signed a quitclaim deed to remove my name from a title to property my sister and i jointly owned for many many years. I also signed off on a promissory note and it was notarized. She note was to promise to pay me $30,000.00 for buying me out and it was contingent on either her doing a reverse mortgage/sell of the house/or anything else that should come up. She did not do a reverse mortgage but only gave me a partial payment. My sister recently passed - can i do a reversed quitclaim since she did not fulfill the promissory note?


Asked on 12/31/15, 5:15 am

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

There is no such legal thing as a "reverse quitclaim." If the property was deeded fully over to someone, that person (or their estate if they pass) owns the property. Only the owner can sign a deed, or if they die, the personal representative of the owner's estate has rights to convey the property.

If someone did not fulfill payment obligations under a note there may be legal avenues to pursue, such as filing a claim against their estate. In some cases if property was given to someone for a specific purpose, it may be worth exploring whether or not the facts suggest a constructive trust.

While I hope the above general legal information helps it is not the same as legal advice and it may help to contact an attorney to review the facts related to your specific situation.

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Answered on 1/06/16, 2:39 pm


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