quit claim deed change after recorded
My parents (grantors) did a quit claim deed of their real estate to all 5 children (grantees) in 2003. They did not understand until recently that they do not own the property anymore but they do live there and pay the taxes. Now they want to sell the real estate to one of the grantees. How can they change the quick claim deed and do the other grantees have a legal right not give up the share?
Quitclaim Deeds, Subsequent Sale by Grantor Parents, Life Estates
You need to consult with an experienced real estate attorney and have the deed and title history analyzed. Generally speaking, once an enforceable deed is recorded, it cannot be changed significantly except via another properly drafted and recorded document, usually meaning another deed, signed by all grantors and grantees. The fact that your parents seem to still receive the property tax bills tells me that something went wrong–the deed may not have successfully transferred all ownership rights of the parents. There are a hundred different ways this could occur, from improper recording to retention of a life estate. Parents deeding property to relatives as a form of estate planning often reserve a life estate. That could also explain your situation. Good luck!
Jay K. Nixon
NIXON LAW OFFICES
333 South Main St, 262-633-3090
Racine, WI 53403