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gcc
Aug 17, 2011, 04:52 PM
Can a deed be transferred, or granted, to another person (Grantee) if someone else is mentioned in the Grantor's Will, before the death of the Grantor. My Father passed away in 2004, and his Will from 1997 states that I get the house when he dies. In 2003, my brother put his name on the deed to the house, along with our father, and once our father died, he took Dad's name off the deed, and only his name appeared on the deed. I would think because I'm in the Will to get the house, that my brother should not had done that. Do I have any legal recourse?

cdad
Aug 17, 2011, 06:01 PM
You will have to research the title and go back to when the will was created. Then make a paper trail so you can follow it through. How was it that your brother got on the title and do you know how the title was written?

Fr_Chuck
Aug 17, 2011, 07:30 PM
If your dad ( and he had to) was of sound mind, when he added the brother to the deed, and the deed was recorded and your dad signed it ( your brother can not just "add" his self.

Then there is no house in the estate to be covered by the will. The will only covers things that are still in the estate at the time of death.

Should he have done it? No, Could he do it, yes, Is it legal yes if he was aware of what he was doing

LisaB4657
Aug 17, 2011, 07:51 PM
If the Deed from 2004 listed your father and brother as "joint tenants with right of survivorship (or JTWROS)" then the property passed completely to your brother at the time of your father's death. As long as your father was of sound mind at the time the Deed was made then yes, this is legal.

If the Deed listed them as tenants in common then your father's share of the house became part of his estate and his share would pass to you according to the Will.

AK lawyer
Aug 17, 2011, 11:47 PM
All true, but one isn't "added to a deed". One is given some or all of the title by the execution of a deed.

gcc
Aug 21, 2011, 04:43 AM
Thank you all for taking the time to answer my question. This is all very helpful for me.
LisaB, I have spoken to an attorney about the 'joint tenants with rights of survival', vs. 'tenants in common'; of which she called it '50/50', which has the same meaning, I presume? I think she did say if the Deed is written up as JTWROS then that would supercede the Will.
I haven't, as yet, retained the attorney to look into this matter because right now she's handling the Will to go to probate court, and by now I hope it is there. My brother is executor of the Will, and hopefully he'll carry out his responsibilities as executor, or maybe the attorney will notify me when the Will has been probated. (I've heard once a Will is actually probated that it becomes public knowledge, and I can then look it up on the Internet). Is that true?
Again, I thank everyone for their answers.
gcc

AK lawyer
Aug 21, 2011, 06:21 AM
... I have spoken to an attorney about the 'joint tenants with rights of survival', vs. 'tenants in common'; of which she called it '50/50', which has the same meaning, I presume?
...
Joint tenancy, with right of survivorship (or simply joint tenancy, it means the same thing although not quite as wordy), means that if one joint tenant dies, the other one owns the property. It doesn't go through a probate estate. On the other hand, tenancy in common means that, each person has an undivided half interest in the property. Upon death, the decedent's estate owns that half interest.


As an aside, I find it amusing that some long-ago lawyer added the redundant "with the right of survivorship" phrase in a futile attempt to make the concept easier to understand. It is funny that this unknown lawyer appears to have forgotten that adding more big words to an already difficult to understand phrase does not have the desired effect of making the concept easier, but instead tends to make it even more opaque (even requiring an unpronounceable acronym in a further futile effort to "simplify").


... I think she did say if the Deed is written up as JTWROS then that would supercede the Will. ...

I wouldn't put it as superceding the will. If in fact your father signed a deed transferring the property to himself and your brother as joint tenants, upon his death he no longer owned any interest in the property. So the will would not effectively transfer an interest in the property because he no longer had an interest.

The will continues to be effective, but not as to that property, because that property is not in his estate (not owned by him at his death).


...
I haven't, as yet, retained the attorney to look into this matter because right now she's handling the Will to go to probate court, and by now I hope it is there. My brother is executor of the Will, and hopefully he'll carry out his responsibilities as executor, or maybe the attorney will notify me when the Will has been probated.
...
You cannot retain that attorney if that attorney is representing or advising your brother regarding the will and probate. That would be a conflict of interest. There are specific requirements concerning giving you written notice of probate.


...
... (I've heard once a Will is actually probated that it becomes public knowledge, and I can then look it up on the Internet). Is that true?
...

Yes and no. When a petition to probate the will has been filed in the court, you would have the right to read the will and the rest of the court file. However it is probably not going to be online. You would have to go to the courthouse.

LisaB4657
Aug 21, 2011, 08:05 AM
Thank you all for taking the time to answer my question. This is all very helpful for me.
LisaB, I have spoken to an attorney about the 'joint tenants with rights of survival', vs. 'tenants in common'; of which she called it '50/50', which has the same meaning, I presume? I think she did say if the Deed is written up as JTWROS then that would supercede the Will.
I haven't, as yet, retained the attorney to look into this matter because right now she's handling the Will to go to probate court, and by now I hope it is there. My brother is executor of the Will, and hopefully he'll carry out his responsibilities as executor, or maybe the attorney will notify me when the Will has been probated. (I've heard once a Will is actually probated that it becomes public knowledge, and I can then look it up on the Internet). Is that true?
Again, I thank everyone for their answers.
gcc
Yes, the "tenants in common" provision would make the property ownership 50/50.

As AKlawyer said, you won't be able to personally retain the attorney to handle the property matter since she is already representing the estate. However you can still have her review the matter in her position as attorney for the estate. You should hand or send her a letter that you believe that a share of this property may be part of the estate and she should review the ownership status to determine whether it is. This way she is obligated to do so as the estate's attorney.

gcc
Aug 21, 2011, 04:44 PM
AKLawyer... so let me see if I understand this... if the Deed is written as joint tenancy, and now that my father is deceased, my brother, who's name was on the Deed before his death, would have the property as a whole? That nullifies my father bequeathing the property to me in his Will? But if the Deed is written up as tenants in common (50/50), that means since my father has died, that half the property belongs to my brother, and the other half belongs to me since the property was bequeathed to me in the Will upon the death of my father? So what's hanging in the balance, so to speak, is the way the Deed is written up as to whether I am entitled to anything.
Second... this particular attorney that's handling the probate of the Will was not retained by my brother, or myself even. Our Aunt, my father's only surviving sibling, is the one that retained this attorney to get this Will probated because my brother never did anything to get the Will probated, and our father died in 2004. My Aunt is in the Will to receive my father's proxy from a house my father and his sister grew up in, and she wants her proxy that's Willed to her. (No one can understand why he just didn't write a separate Will giving her his proxy to that particular house. He put everything in one Will; including bequeathing $1000 to each of my two sons, and my nephew, and we're all sure that my brother, who is the executor of this Will has exhausted all funds from my father's bank accounts). All my Aunt wants is the Will probated; she has nothing to do with the property that was Willed to me where my brother is living, or the $3000 that's supposed to be given to my two sons and my nephew ($1000 each). I know it sounds complicated, and exasperating, but it is what it is.

LisaB...I have written the attorney asking her if I can retain her to find out how the Deed was written; either joint tenancy, or tenants in common (50/50), and I'm waiting to hear back from her. I'm sure she has many other clients, is very busy, as well as getting this particular Will probated for my Aunt.
Thanks again for all the information.
gcc

LisaB4657
Aug 21, 2011, 04:53 PM
In response to your questions:

(1) Yes, if the property was transferred to your father and brother as joint tenants then your brother becomes the sole owner of your father's property upon his death. In such case the property never becomes part of his estate and the Will has no effect. However if the property was transferred as tenants in common then your brother continues to own 50% and your father's share becomes part of his estate and is transferred according to the Will.

(2) There is no need for you to retain the attorney separately. If she has already been retained as the attorney for the estate then she has a legal obligation to review the ownership of that property as soon as you advise her that a portion of that property may be part of the estate. It doesn't matter who retained her.

ScottGem
Aug 21, 2011, 05:12 PM
First, yes, if the will states Joint tenants or JTWROS then the property passed to him outside the estate. If it states Tenants in Common then your father's share of the property passed to his estate.

Second, a person generally writes ONE will with multiple bequests. Only one will is generally valid. So it would make no sense to have different wills for different bequests.

Third, you don't need an attorney to check the title of a property. You can go to the County clerk's office and review the deed yourself. However, making sure the title is correct may require an attorney or title search firm.

Fourth, the attorney represents your aunt. I believe it would still be a conflict of interest for her to represent you in any way. However, if you jointly retain her to force probate of the will that might be OK.

Fifth, Your brother should be removed as executor. An executor has a fiduciary responsibility to properly administer the estate. Not probating the will for more than 6 years is clearly not exercising that responsibility.

Sixth, you need to find out the circumstances of your brother being added to title of the property. As others have noted one does not get themselves "added" to a deed. Instead the current owner(s) have to execute a deed transferring ownership from themselves to new ownership (which can include themself). So if your father willed the property to you, he countermanded the will by transferring some part of the ownership to your brother. If he died in 2004 and the deed was executed on 2003, there is a possibility he was not competent to execute that deed.

gcc
Aug 21, 2011, 08:39 PM
Thank you LisaB. I will have to wait until I hear from the attorney regarding which way the Deed was written. I think she's going to wait until the Will goes through probate court until she acts on the (Deed) subject of joint tenants vs. tenants in common.
I just wonder how the situation of my father bequeathing my two sons $1000 each, as well as bequeathing my nephew $1000. Those were his grandsons, and he wanted to leave them something. My brother, being the executor of the Will, is supposed to give them each their $1000, right? It's in the Will. What happens if he doesn't, or doesn't have it to give to them?
gcc

gcc
Aug 21, 2011, 10:35 PM
Thank you ScottGem... the attorney and I have discussed my brother taking so long to get the Will probated, and I don't know why he never initiated the Will to be probated. The attorney did tell me that once the Will is probated, and if my brother takes too long to distribute what's in the Will to be given out that I will become executor. I don't know the time frame she's talking about. I guess I'll have to either contact her, or maybe she'll contact me. I don't know how things run up there in NY. I do know that my brother is to give my two sons, and my nephew $1000 each as stated in our Father's Will that he bequeathed to them. What happens if my brother doesn't do that, or, there is no money to give?
gcc

ScottGem
Aug 22, 2011, 03:30 AM
As executor, your brother is responsible for an accounting of the estate. To not fulfill specific bequests mentioned in the will, he would have to prove that there was no money left in the estate after paying all debts owed by your father and the expenses of the estate, which would come first. If he cannot prove this, he could be held personally responsible.

You have a real mess on your hands. It may be difficult to prove or disprove what was in the estate after 7 years.

gcc
Aug 22, 2011, 06:04 AM
Yes ScottGem... it will be a big mess. I have looked up the Tax Map information on the Deed, as well as the mortgage, and my brother has mortgaged our father's house at least 5 times in the last 7 years. He just mortgaged the house over and over again with different mortgage companies. The house has a whooping mortgage on it, and my parent's bought that house when I was 6 months old in 1954. So here we have a 57 year old house with a mortgage of well over $200,000, I'm sure. I have to ask myself, is that something I want to inherit? I live out of state. What would I do with a house that has a $200,000 mortgage on it? My youngest brother and I strongly believe that our other brother, who is the executor of the Will, has exhausted all funds from our father's bank accounts because my Aunt, who initiated the Will being probated, got a call from the attorney asking if there was any money in our father's bank accounts, and my Aunt told her she really didn't think so. So there goes my two son's $1000 each; as well as my nephew's $1000 that their grandfather left for them in his Will.

AK lawyer
Aug 22, 2011, 11:54 AM
...
You have a real mess on your hands. It may be difficult to prove or disprove what was in the estate after 7 years.

Actually, it's not all that complicated, at least from what I can piece together in this thread.


The father wrote a will, by which he would have left an interest in the house to OP, and $1,000 to each of three grandsons.

The father conveyed the property to himself and to his son, OP's brother, as joint tenants.

The father then died.

At this point, as a joint tenant, OP's brother became the sole owner of the house. Subsequently, he mortgaged the house to the hilt, which doesn't matter: it was his to do with as he pleased. Now keep in mind, it the house still belonged to the decedent's estate, the picture would be different. It, or part of it, could still be in the estate if:

it wasn't a joint tenancy, but a tenancy in common; or
the deed creating the joint tenancy was forged, executed while the father was not mentally competent, or was under undue influence.


If the joint tenancy to the house was the only asset the father owned at the time of his death, his will would not be worth the paper it's printed on. There would be nothing in the estate to go to the devisees (OP and the grandsons). In that case, the brother was under no obligation to waste his time and money probating an "empty" will.


If, on the other hand, the deed creating the joint tenancy was somehow ineffective, the subsequent mortgages might be ineffective as well, and there might be equity in the estate. I don't think this is likely: most mortgage lenders are not that stupid: they would have investigated the title to the security before they invested. Or (if the brother mortgaged his interest before the father died) it could be, under the law in your state, that to do so converts the joint tenancy into a tenancy in common.

ScottGem
Aug 22, 2011, 03:51 PM
Actually, it's not all that complicated, at least from what I can piece together in this thread.


You're making a lot of assumptions here. The new info about the mortgages leads to the belief that fraud may exist. I find it unlikely that 5 lenders would underwrite mortgages on the same property if there was no fraud involved. On the other hand a house in NYS could easily be wroth more than $200K.

But the mess I was referring to is the estate accounting. In my opinion the brother has, at the least, left himself open for a lawsuit from the other heirs. At worst, there could be criminal charges.

There are just too many things we don't know.

gcc
Aug 22, 2011, 09:35 PM
I'm just going to wait until I hear that the Will has been probated by the court. (It's probably in probate court now, and I'm sure I won't hear anything for at least another month or so). Then I'll wait and see what the attorney, who was retained by my Aunt to get this Will probated, has to say about the Deed. All she's doing now is getting the Will to probate court, and the Deed situation of Joint Tenants, or Tenants in Common, will be a whole separate matter, I'm sure.
We'll also find out if there is $1000 to give to my two sons, and to my nephew, each, and if not, then what happened to that money? (My Aunt did call me recently saying the attorney called her and asked her if she knew if there was any money in any of my father's banks accounts, and my Aunt told the attorney she didn't think so. The attorney didn't call my brother to ask him about our father's bank accounts; and for whatever reason, I don't know why. Maybe she's finding something suspicious about him. I sure hope she does).
I'm sure we will find out if my brother has done anything unlawful when the Will is in probate court, or, when the Deed is investigated to find out how it is written. I really appreciate all your info, and the time you take to answer me.
gcc

ScottGem
Aug 23, 2011, 03:22 AM
Good luck and keep us posted.

gcc
Sep 17, 2011, 03:56 PM
Well I guess it's all said and done, so to speak. The attorney who was given my father's Will to send to probate court called me and said the Deed to the house (my Father's house that my brother and Mother live in now, and their names are both on the Deed), said any Deed/s prior to the one she found, dated 2006, with my brother and Mother's names on it, is invalid. (There were Deeds dated in 2003 and 2004 with my brother's name on them). The attorney said they go by the current Deed that's filed. The current Deed is written up as Tenancy In Common. So that leaves me out all the way. (My Father had Willed his house to me, but because my brother put his name on the Deed, I'm out.
Oh well. The attorney said it would take $625 to file the Will for probate, and I don't see any sense in paying anything when I'm not going to get anything.
GC

ScottGem
Sep 17, 2011, 04:24 PM
You still have an issue here. Is your brother and mother the only ones on the deed? Or is your father also on the deed. If your father was still on the deed, then his share of the house goes into the estate and you may be entitled to a share.

twinkiedooter
Sep 17, 2011, 04:55 PM
The details of any probated Will are not available online BUT available to you if you go to the courthouse in person and want to look at the Court file. And a copy of the Will should not be withheld from you by the attorney handling the estate if you are named as a beneficiary in it.

Probate attorneys are paid their attorney's fees by a set schedule in relation to the total amount of the assets of the estate. For the $650 it sounds like there is not much of an estate to probate.

gcc
Sep 18, 2011, 04:14 AM
The only names on the current Deed (2006) are my brother and Mother. My Father passed away in 2004. At the time of his death, he and my brother were on the Deed. Then my brother had only his name on the Deed after our father died.

ScottGem
Sep 18, 2011, 06:15 AM
The only names on the current Deed (2006) are my brother and Mother. My Father passed away in 2004. At the time of his death, he and my brother were on the Deed. Then my brother had only his name on the Deed after our father died.

Then you need to find out how the names were listed on the deed in effect when your father passed. That's the key. If it was Tenants in Common at that time, then your father's share should have passed to his estate.

gcc
Sep 22, 2011, 05:20 AM
The attorney my Aunt has retained said the current Deed is the Deed they go by, and any Deed before carries no weight. She also said there is a $625 fee that has to be paid so the Will can go to Probate court. She said that's not her fee; it's a fee the probate court charges. This whole thing is really a pain in the neck, and I'm not going to worry about it, actually. Why should I continue concerning myself with my Father's Will when I can't get the house anyway; which he in fact did bequeath me, and, it's not worth paying a $625 fee to get the Will probated when my two sons and nephew are supposed to get $1000 each; which was bequeathed to them, and there's a possibility that money is nowhere to be found. Why pay a fee ($625) that's 20% of what they're supposed to get ($3000)? That makes no sense to me.
(I could compare this to having a 20% interest rate on a $3000 loan, and I sure wouldn't accept that).

ScottGem
Sep 22, 2011, 05:40 AM
The attorney my Aunt has retained said the current Deed is the Deed they go by, and any Deed before carries no weight.

That part does not sound correct. The way the property was titled at the time of death should be the determination of how the property is treated by the estate. If what you are saying is correct, a person could file a new deed illegally and have that be treated as correct.

I can understand your feeling its not worth it for the 3K. But deopending on the value of the property, it could be significant.

gcc
Sep 22, 2011, 09:31 PM
At the time of my father's death the Deed was in his name, and my brother's name that also lived in the house. Then my brother had only his name on the Deed by the time my father had been dead for 2 months. (I looked up the Tax Map information on the property to look into the Deeds and the mortgage on the house). My brother has also mortgaged the house at least 5 times since our father died in 2004. My father and mother bought that house when I was 6 months old in 1954, and here we are in 2011 and that house still has a mortgage on it. My brother just re-finances and re-finances the house over and over. It's crazy.

LisaB4657
Sep 23, 2011, 04:16 AM
You're missing the important part of Scott's question. At the time your father died, was the deed in his and your brother's names as joint tenants or as tenants in common? That's what will determine if you have the right to have the deed reversed.

gcc
Sep 23, 2011, 06:01 AM
I don't know how the Deed was written at the time of my Father's death (2004). The attorney just told me how it's written up at present (my brother's name, and now our Mother's name are on the Deed as Tenants in Common). The attorney told me any Deed before the current Deed is not valid. Maybe she's wrong, I don't know. Is there a way I can look up any, and all Deeds on the Internet, or call the Record of Deeds office, or some place, to find out for myself? Thank you.

LisaB4657
Sep 23, 2011, 06:26 AM
I don't know if your area will have all prior deeds available for viewing online. If they have online access they may show only the current deed. The best method is to go to the county clerk or county register's office and look for yourself. If you can't go there you can try calling them but I doubt they'll be willing to look it up for you unless they're having a very slow day. Worth a try, though.

gcc
Sep 23, 2011, 07:49 AM
Thank you for this information. I will try and call the County Clerk's Office on Long Island NY where the property is located and see if they will help me find out about the Deed/s that have been written up since 2003 when my Father was alive, and my brother's name is on that Deed (2003). Then in 2004, two months after my Father passed away, only my brother's name is on the Deed. Then in 2006 my brother and our Mother's name appears on the Deed. (That is the Deed the attorney said was the most current Deed {2006}, and any Deeds before that is invalid. I don't think that's true, and maybe she don't know what she's talking about).

gcc
Sep 23, 2011, 08:36 AM
The Tax Map shows my Father's name and brother's name both on the Deed in 2003. So apparently my Father let my brother add his name to the Deed of his property; which always had been my father's house since 1954. For some reason my brother wanted his name added to the Deed. Then my father died in June 2004, and by August 2004 only my brother's name is on the Deed. Now my brother's name and our mother's names are on the Deed from 2006.
I just called the County Clerk's Office where the property is located, and the lady I spoke with was very nice, and told me I have to order any Deeds I want to see dating back as far as I want to go. She gave me 5 Deeds (liber numbers), the numbers, page numbers, and dates filed for each. She then said each Deed is approx $5-7, and to send enough money in a check to cover each Deed, and she said if I send a check for $35 that will cover the 5 Deeds I want. So I will do this, and hopefully see on the Deeds how each one is written up; be it Joint Tenants, or Tenants in Common.
(Now the attorney has already told me the most current Deed (2006) is written up as Tenants in Common with my brother and Mother's name on it, and any Deeds before the most current one (2006) is no good. Is she correct?). So I will just order all 5 Deeds so I can see them for myself.
Thank you so much for your help. I really appreciate this.

ScottGem
Sep 23, 2011, 08:44 AM
The attorney is correct that prior deeds are not valid from the point of ownership. But that's not the question here. The question is whether your father's share of the passed directly to your brother under right of survivorship or passed to his estate under tenant in common.

If it passed to the estate, then it was illegally transferred to your brother since there was a will governing distribution of the estate. Which mean the transfer can be reversed and your brother could subject to criminal charges.

gcc
Sep 23, 2011, 10:28 AM
I am so very hard trying to understand all this. The main issue here is whether the Deed from 2003 reads Joint Tenants, or Tenants in Common; then when my Father passed away in 2004 if the Deed from 2003 reads Joint Tenants, then my brother legally owns the house, and there is nothing I can do about it, right?
However, if the Deed from 2003 reads Tenants in Common, then when my father passed away in 2004, then his part of the house goes to whomever he Willed it to; who is me, right?
So when I receive the Deeds that I've ordered from the County Clerk's Office in NY, I need to hope the Deed from 2003 reads Tenants in Common, right? Then that means my father's part goes to me, right? Then me and my brother would own 50/50 of the house.

LisaB4657
Sep 23, 2011, 02:37 PM
I am so very hard trying to understand all this. The main issue here is whether the Deed from 2003 reads Joint Tenants, or Tenants in Common; then when my Father passed away in 2004 if the Deed from 2003 reads Joint Tenants, then my brother legally owns the house, and there is nothing I can do about it, right?.
However, if the Deed from 2003 reads Tenants in Common, then when my father passed away in 2004, then his part of the house goes to whomever he Willed it to; who is me, right?
So when I receive the Deeds that I've ordered from the County Clerk's Office in NY, I need to hope the Deed from 2003 reads Tenants in Common, right? Then that means my father's part goes to me, right? Then me and my brother would own 50/50 of the house.

Exactly! Now you understand. :)

Good luck!

gcc
Sep 23, 2011, 08:35 PM
Thanks for all the helpful information from everyone. I will patiently wait until I receive the copies of the Deeds that I've ordered to see how each one is written; especially the one from 2003. I really hope my father, at that time age 74, and on renal dialysis 3 days a week, and really not doing that good, was smart enough to have the Deed as Tenants in Common between he and my brother. (I now wonder if my brother was conniving enough to convince my father to have the Deed as Joint Tenants). I don't think my brother was smart enough to think about that on his own, and if it is that way, he was advised by someone (attorney, mortgage/Title company) to do it that way.

gcc
Oct 1, 2011, 01:43 PM
Well I've sent off the check and the letter to the County Clerk's Office requesting the 5 Deeds to my deceased father's house that my brother lives in, and claims the house belongs to him 100%. I will hopefully receive the Deeds; especially the one from 2003 where my Father's name and brother's name both appear on that Deed. I will hopefully see on the Deed if the Deed was written up as joint tenants, or tenants in common.
It all hangs in the balance now, and I hope and pray it reads tenants in common because that way the house is 50% mine. (My Aunt, who is my Father's only surviving sibling, told me that my father was in a nursing home in 2003, and probably had no idea what he was signing when my brother had that Deed written up). Hope for the best for me. I really appreciate everyone's advice. You have all been so helpful.

gcc
Oct 7, 2011, 07:37 AM
I've received those 5 Deeds in the mail from the County Clerk in the state of NY (Long Island); focusing mostly on the 1st Deed, since that's the one where my brother's name appears on it along with my Father, then my father passed away a year later (June 2004). The Deed is dated June 2003, and at the top it starts by naming my father as the party of the first part, with the address to (his) house/property, and my brother as the party of the second part, with his name and the same address (my brother lived in my father's house at that time, and still does at present. He claims Dad gave him the house, and he solely owns it. I don't see anywhere on any of these 5 Deeds any wording or anything about joint tenants, or tenancy in common).
The Deed reads:WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece of parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE A attached (which states where the property is located; Block A, at the north point, etc. etc. North 66 Degrees, 80 feet, etc. etc.
Then the next paragraph reads:SUBJECT TO a Life Tenancy of (my father's name) in and to said premises. It is the intention of the grantor to reserve unto himself during the full term of his natural life the right of possession and occupancy in and to the said real estate and the rents and profits arising therefrom, and to convey unto the grantee herein the full fee title and the said real estate subject only to a life estate herein reserved by grantor. (Then it reads Said premises known as: {address shows} under that).

What does all that mean? Please explain as simply as possible. Thank you.
GC

cdad
Oct 7, 2011, 12:55 PM
What it says in basic terms is that your brother bought his interest into the property and has sole right to it after your father has passed on. Before that point your father remained in care and control of the property. Had your brother had heirs and he had passed before your father then it would have went to his heirs as stated by law.

ScottGem
Oct 7, 2011, 01:30 PM
As CalifDad said, this make it even worse for you, sorry to say. Your dad didn't transfer a share of the property to your brother, he gave him FULL ownership of the property, subject to a life estate. The life estate meant that your father could live on and use the property until he died at which point your brother became full owner.

So your only hope here is in proving that the "consideration" paid by your brother was a fraud or that he used undue influence to steal your promised inheritance. Both of which would cost you time and money with no guarantee of getting anything.

So I think, at this point, you tell your brother want you think of him and sever ties.

gcc
Oct 7, 2011, 09:14 PM
Thanks again for your answers. I thought that's what it meant; that my brother was the sole owner of the property because of the way it was worded about my father releasing to my brother, and heirs; of which there are none, the property. At this point it's really not a big deal because I have a house that I own, and I did write my brother a letter telling him what I think, and how I didn't have to manipulate, connive, and get Deeds all twisted around to get my house. He's got that house so tied up in mortgage after mortgage that I wouldn't want any part of it anyway. I just wanted the proof of what he did to go about getting the house, and I told him I know exactly what he did. And yes, ties have been severed, and I doubt they will ever be tied again. I told him with him being HIV+ that the day will come when when he will need his brothers; there are 4 of us, and I am the eldest, and I asked him to think about which one of us does he think will be there for him when he will eventually need us. It's sad, but it is what it is.

ScottGem
Oct 8, 2011, 08:00 AM
Yes it is sad, but at least now you know where you stand and can have closure of this chapter.

gcc
Oct 8, 2011, 09:24 AM
And closure it is. I know exactly what my brother did to attain rights of ownership of my father's house, and that it was done manipulatively, and schematically; of which he will, one day, pay for, and suffer for. In that letter I wrote to him, I explained how I know exactly what he did to get the house, and how he went about doing it, and that I have seen the Tax Maps on the property, and, that I also have in my possession all 5 Deeds to the property; especially the first two where my father signed the property over to him, and (the 2nd Deed) where my father's Life Estate was terminated in favor of my brother. How cold and calculating that was. At that time, I believe my father was in the nursing home that my brother put him in. I also know the house still has a whopping mortgage on it, and I really don't need to take on that responsibility. It's just the way things were done by my brother to attain rights of ownership; whereas I told him that I, unlike himself, got my house on my own, and didn't have to manipulate,, take advantage of anyone, and scheme to get it. What will really be sad is when the day comes when my brother's HIV/AIDS takes its toll on him and none of his brothers will be there for him, and he will die a lonely death right there in that house all alone; of which he very much deserves.
I really appreciate all your advice, and support. Thanks.
GC