If airs property is sold to someone through a quit claim deed..without all airs agreeing

Asked almost 4 years ago - Jacksonville, FL

the property has been in the family since the early 1800s some of the family members decided to sale protions of the land to Mr. Xwithout permission from the other airs. Now Mr X has recorded the quit claim deed. How do we get Mr. X off of deed.

Attorney answers (2)

  1. Evelyn Watts Cloninger

    Pro

    Contributor Level 14

    Answered . People often refer to property which has been in the family for many years as "heir property". However, all too often nobody in the family has ever bothered to probate the estate of the person who died and was the actual owner of the property, and until that estate is administered, there really is no official determination of who the "heirs" are who would have a partial interest in the property in question. if there was a will, the will should be submitted to probate with a petition for administraton of that will. If there was never a will, then a petition to probate an intestate estate (one without a will at all) should be filed with the court by a family member, asking the court to determine that the decedent died, that he or she had heirs at law, naming who the petitioner believes the heirs at law are (surviving spouse and children, or some of the decedent's children have died, the children of that deceeased child of decedent).. A probate attorney will file appropriate papers for the court to determine who the proper heirs of this decedent are, and what proportionate interest each person has. Any one of the fractional owners can give a quitclaim deed of his or her interest in the property to someone else. However, that does not assure that they had any interest to transfer by quitclaim deed in the first place. You need to hire an attorney, who will order a title search, gather from you the names, addresses and phone numbers of all family members you believe may be heirs of this person, a certified copy of the death certificate, and a legal description of the property. I always tell clients postponing these things only complicates the matter as generations begin to die off as they age and then you are dealing with more and more of the next generation when you leave "heir property" unprobated. If you DID probate the estate, then you are probably all joint owners of the property and if one wants to sell and the others don't, the one wishing to sell can file a petition for partition of the property in the court, asking that it be sold and the money divided, or if it is readily divisible (such as acreage), that the court fairly divide the property into pieces and diistribute some to each heir of the decedent named in the previous probate proceedings. You will find that postponing these things only results in more expense in the end, so it is best to take hold of the situation promptly when someone dies and get these issues addressed. I suspect this matter has been sitting around untended for a long time.You will need to hire a probate attorney to determine the present status of the title to the property and what has or has not been done in the probate court. Most real property or probate attorneys can handle this type of matter without being local to the property because they are accustomed to doing such things by mail throughout the entire state. The most these family members could deed to Mr. X would be the interest those particular grantors on the deed actually owned in the property. It may be that they probated the estate and that you were never an heir at all, which was why you were not notified of what they did. On the other hand, they may have just conveyed a partial interest and never claimed they owned all parts of the title. You will not know without finding out all of the facts I have mentioned. Normally you will need a cost deposit and initial retainer for an attorney to get involved in this type of thing because to order a title search and pay a filing fee to open an estate will cost several hundred dollars.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . Unless the heirs had the right to sell, the transaction is suspect. You might find my Legal Guide helpful "How to Choose a Lawyer for you.”

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful "What Do I Tell My Lawyer"?

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless. Best of luck to you.

    If you found this answer helpful, let me know by clicking the Thumbs-Up tab at the bottom. You may mark this as a Best Answer for the time I spent crafting this and thinking about your matter.

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