Is a child entitled to claim ownership on a house shared with a parent (owner) for 25 years after the parent dies? 39 Answers as of April 02, 2013

My sister has been living with my mother, rent free, for over 25 years. She claims she's entitled to keep the house once my mother dies. My mother has signed a quit claim deed deeding the house to all 3 siblings. Will the deed override any other issues?

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Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
You need to have an attorney review the current status of the title and the quitclaim deed. It is important to know if your mom still owns the property or if she does is there a POD deed or a trust that overrides the Quitclaim Deed. Please speak with an attorney where your mother resides to review the situation. Best of luck to you.
Answer Applies to: Nevada
Replied: 4/2/2013
Durham Jones & Pinegar | Erven Nelson
Yes, the deed will control if it has been recorded. Make sure that is has been recorded immediately.
Answer Applies to: Nevada
Replied: 4/1/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Please obtain the assistance of counsel to probate this asset, as that will be necessary to transfer title to the house to all of you; you may want to claim an offset for back rent as to the sister who lived rent free against her share of the house.
Answer Applies to: California
Replied: 4/1/2013
Geoff Germane, Attorney at Law | Geoff Germane
Merely living in a home does not give one a right to own it after the death of the owner. If your mother was the only owner on the deed and she deeded the house to all three, ownership will vest in all three. Your sister would have to prove some other theory of ownership, such as that your mother promised it to her and made an oral contract to transfer it to her and that the contract was supported by consideration.
Answer Applies to: Utah
Replied: 3/29/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
The deed override your sister's claim. Your sister's claim of entitlement has no merit.
Answer Applies to: Florida
Replied: 3/29/2013
    S. Joseph Schramm | Joseph Schramm
    A quitclaim deed conveys whatever interest in a parcel of real estate the owner might have to the grantees on the deed. Under the facts you give it appears that you and your two siblings are equal owners of the property.
    Answer Applies to: Pennsylvania
    Replied: 3/29/2013
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, it is likely the deed will control so that the three siblings share title to the property pursuant to the deed.
    Answer Applies to: Maryland
    Replied: 3/29/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    If the deed is sufficient in your state to legally transfer your mother's interest in the property to you and your siblings, then the property has already been transferred and would not be part of your mother's estate. Your sister would have no special claim to it beyond an undivided one-third interest. Whether she is allowed to remain living in the house after your mother's death is different matter to be decided between the three of you.
    Answer Applies to: Nebraska
    Replied: 3/29/2013
    HARRIS LAW FIRM | Jonathan Curry Harris
    Your sister has no recognizable claim based upon mere residency. The "deed" should suffice to transfer ownership equally, if she were competent when she "did" it. If not, then all three inherit equally.
    Answer Applies to: Louisiana
    Replied: 3/29/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If the house was titled in your mother's name, the child does not become an entitled owner by virtue of her living there for a long period.
    Answer Applies to: Minnesota
    Replied: 3/29/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    You have presented no reason why your sister should be entitled to more than a third.
    Answer Applies to: California
    Replied: 3/29/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    The deed will override your sister's claims.
    Answer Applies to: Nevada
    Replied: 3/29/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Your sister is wrong in some respects and most likely she will not own it individually. Yes the deed takes precedence, she would not get the house simply because she lived there with your mom's permission. So my question has the quit claim deed been recorded? What does it say? Be cautious If your mom has deeded it to you and your siblings "as joint tenants with right of survivor-ship". In Michigan it is almost impossible to break that joint ownership via court action and all 3 siblings have to agree to sell the house once title vests. So she would be entitled to live there as joint owner until she dies if she does not agree to sell (but you and your siblings can all live there also and simply move in). She will not be able to sell it without your agreement either (unless you die first) and the question becomes who will be liable for all of the bills, taxes, repairs, etc. while she is living there? If your mom has not recorded the quit claim deed and she is still alive. I advise her to contact an estate planning attorney and do it right with a will and or a trust rather than a deed that is intended to be recorded after death. I have been involved in multiple lawsuits between siblings because a parent deeds property to themselves and their siblings as "joint owners with a right of survivor-ship", its cheap to do now but this action can (and usually does) tear apart families.
    Answer Applies to: Michigan
    Replied: 3/29/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    In California any agreements dealing with the ownership of real property must be in writing. If you have a deed that transfers title to you and two other siblings, that deed takes precedence. Has the deed been recorded? Contact a real estate attorney to fully understand your rights and interests.
    Answer Applies to: California
    Replied: 3/29/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Yes, if the quit claim deed has been recorded, then the three of you own it. If it has been signed, but your mother still has it, then it is possible that she could change it before she dies.
    Answer Applies to: Idaho
    Replied: 3/29/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Generally the answer is no. Your sister can pursue any claim she chooses against your Mother's estate and may even seek to overturn the deed to all children. To protect herself, your Mother should seek assistance from a lawyer who specializes in estate planning.
    Answer Applies to: Colorado
    Replied: 3/29/2013
    Gates' Law, PLLC | Thomas E. Gates
    If your mother signed a Quitclaim Deed giving the children the home, she no longer owns it. The Deed stands alone and your sister does not have any other rights to the home.
    Answer Applies to: Washington
    Replied: 3/29/2013
    Randy M. Lish, Attorney at Law | Randy M. Lish
    The deed controls. Just because the daughter got a place to live does not mean she owns it.
    Answer Applies to: Utah
    Replied: 3/29/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    The deed will prevail.
    Answer Applies to: Delaware
    Replied: 3/29/2013
    Stephens Gourley & Bywater | David A. Stephens
    Yes a deed overrides the other issues.
    Answer Applies to: Nevada
    Replied: 3/29/2013
    Gateway Legal Group | Christian J. Albut
    Depending on all of the facts, generally the deed will control the distribution and ownership of a piece of real property. Depending on how the deed reads it would most likely go to the 3 siblings.
    Answer Applies to: California
    Replied: 3/29/2013
    Martin Barnes - Attorney at Law
    Martin Barnes - Attorney at Law | Martin Barnes
    I would advise you to meet with an Indiana attorney to make sure all aspects of your situation are understood and addressed. However, the short answer to your question is "yes, probably". I recommend that the deed be recorded; now, while your mother is still living and can demonstrate that she understands what she is doing and that the conveyance of the home is a transfer she is making willingly.
    Answer Applies to: Indiana
    Replied: 3/29/2013
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    The deed will control who owns the property.
    Answer Applies to: Georgia
    Replied: 3/29/2013
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    Yes.
    Answer Applies to: Michigan
    Replied: 3/29/2013
    The Center for Elder Law
    The Center for Elder Law | Don Rosenberg
    Deed will definitely control ownership.
    Answer Applies to: Michigan
    Replied: 3/29/2013
    Thompson Ostler & Olsen dba Franchise Business Law Group | Brooke Ashton
    Despite your sister living in the house for 25 years, the house belongs to the person on the deed to the home. If your mother is the only one on the deed, then it is her home and her right to give to whomever she wants upon her death. If your mother has deeded the house to all three children, then it is owned by all three children. However, it sounds as though your sister is claiming some sort of right to the home via adverse possession. It is hard to establish adverse possession and she must follow certain steps as set forth in statute for your state. For example, in some states, the person adversely possessing the property must pay the taxes on the property for a certain number of years in order to claim adverse possession. You should consult a property attorney in your state.
    Answer Applies to: Utah
    Replied: 3/29/2013
    The Krone Law Firm, LLC | Norman B. Krone
    The quit claim deed is the controlling document. Once signed, giving away 100% of her interest in the house, your mother is no longer the owner. From that point forward the house belongs to the 3 siblings.
    Answer Applies to: Florida
    Replied: 3/29/2013
    Harville-Stein Law Offices, LLC
    Harville-Stein Law Offices, LLC | Dean D. Stein
    Typically, deeds, unless found fraudulent or the result of undue influence, are superior to all other attempts at ownership transfer post mortem.
    Answer Applies to: Alabama
    Replied: 3/29/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    If the deed is a valid deed and delivered to the grantees or recorded, it should control.
    Answer Applies to: Michigan
    Replied: 3/29/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally yes, the deed would prevail. A renter, or even a party living in a house for free, gains no property interest under normal circumstances.
    Answer Applies to: Michigan
    Replied: 3/29/2013
    DENKER & BUTLER, PLLC | RICK DENKER
    A recorded deed to all three siblings should establish ownership of the property in the 3 children and would trump your sister's individual claim.
    Answer Applies to: Oklahoma
    Replied: 3/29/2013
    Attorney At Law | James G. Maguire
    If your mother legally transferred ownership of the house, ownership would not be controlled by a will. Your sister has no more rights than her siblings.
    Answer Applies to: Louisiana
    Replied: 3/29/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    A properly drawn and recorded deed rules when real estate ownership is in question.
    Answer Applies to: Georgia
    Replied: 3/29/2013
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