Legal Question in Real Estate Law in Washington
Quit claim property
My mother quit-claimed her property to 10 people, mostly family members, one of who is currently living on the property. When she dies, how can we ensure that the property is sold and the the funds get distributed to the 10 people on the deed. I have a feeling that the executor of her estate, another family member, will just continue to let the current family member live there indefinitely.
2 Answers from Attorneys
Re: Quit claim property
The vesting will be the most important part of determing how the ownership is held.
So, for example, If there is a list and the vesting reads as joint tenants with right of survivorship, then the property passes to all ten grantees and they hold undivided interests. The family member living on the property should be paying 9/10's rent to the other 9 and the other 9 should each be paying 1/10 of the taxes etc.
By the way, the quit claim deed only transfers whatever interest Mother had to begin with, so if her title was compromised, then everyone else's title is also compromised.
There are also potential Medicaid issues, not just with Mom, but with all the ten as well.
You should see an attorney pronto. Mom should see an attorney pronto. So should the other nine. And, shame on the person who cooked this sure recipe for family discord up.
Re: Quit claim property
You can't do anything to transfer property when your mother dies if she no longer owns it - the property is no longer hers to leave to anybody.
The executor doesn't have any power to transfer any property that is not in your mother's estate at the time of her death.
So whoever owns it now can continue to do whatever they want with the property.
Hope that explains it; I know it is not what you wanted to hear.
Elizabeth Powell