Legal Question in Real Estate Law in Massachusetts
Clarification of Quitclaim Deeds
I need some help trying to decipher what my Mother's interest in her deceased Father's 60+ acre property is. In 1995 my Uncle and his 2nd wife wanted to take a mortgage out to fix up the farm house and my Grandfather put both my Uncle and his wife in the deed. In 1998 my Grandfather made out another quitclaim deed granting everything to my Mother. My question is this, did my Grandfather only give my Mother a third of the said property considering he had my Uncle and his wife in the deed? Or is the property in question all my Mother's? I have had conflicting answers from two lawyers regarding this and any help would be greatly appreciated!
3 Answers from Attorneys
Re: Clarification of Quitclaim Deeds
Based on these limited facts, it would appear that when your grandfather conveyed an interest to your uncle and his wife, they all owned the property together. Your uncle could then only convey his interest in the property to your mother. It appears based on these facts that your mother would hold title with your uncle and his wife.
Re: Clarification of Quitclaim Deeds
There is not enough information to answer this question. However, I will make an assumption and respond with a question of my own. Assume under PLAN ONE, that your grandfather wrote a deed to the property to your uncle and his wife who recorded that deed and he later quitclaimed the property to your mother. Assume under plan two that your grandfather deeded an one half interest in the property to your uncle and his wife who recorded that deed and he later quitclaimed the property to your mother.
My question is this: If I gave your brother a whole pie and he ate it and I then said you could have whatever was left, what would you get? If I gave your brother half a pie and then said you could have whatever was left, what would you get? Sounds like plans one and two to me...
http://www.reasonable-doubt.com
This assumes the real estate is in Texas, the instruments were recorded, the share, if any, belonging to your mother was not mortgaged, taxes were paid on time and your mother shared in paying those taxes when required, your mother has not previously or subsequently signed any deeds to the property, that all deeds were in proper form and properly executed by a grantor having the mental and legal capacity to execute deeds, and that your grandfather actually owned the property and did not execute any other deeds before the quitclaim to your mother and there were no outstanding equities in the title when your mother received the quitclaim, and that your mother recorded the quitclaim prior to any other claim being made against the property.... Oops, I though I said I was going to make an assumption and it seems I have made several... I could go on with this, but I think you get the point: read the deeds and understand that there could be other issues affecting the title.
Re: Clarification of Quitclaim Deeds
Assuming the property is in Massachusetts, your mother should take her deed to a Massachusetts Attorney or merely provide him with the County in which it is recorded and the Book and page so the title could be researched to give you a definitive answer.
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