Legal Question in Real Estate Law in Pennsylvania
deeds
what does the phrase ''quit-claim unto the said Grantees and to their heirs mean? Property was left to several of us, of which 2 are deceased. Does the property go to the spouse of their children?
1 Answer from Attorneys
Re: deeds
It used to be in Pennsylvania to create a fee simple transfer you used to have to say to the grantees and their heirs. If you didn't it was interpreted that the grantees got a life estate. That is the bought the property only for their life and when they died it reverted to the grantor.
The law now is that even if you don't add "and to their heirs" you create a fee simple.
A fee simple differs from a life estate as the holders of the fee simple can pass the property either by will or intestate succession (even without a will).
If you have any questions feel free to contact me. The initial consultation is free.
{John}