My mother is 87 selling her house, her husband died 54 years ago, She had the children sign quit claim deeds once they were adults and recorded at the County Court House. The title company is saying these are no longer acceptable and that she will have to go back to the children with some new form. Why? This hardly seems right.

Hello TD:

There's more to this story... In order to be of any real help, we need to know all the details surrounding a transaction.

Why did her children ever even have title to the house in the first place? Why, specifically, did the title company say they aren't acceptable. What, specific new form?? What state do you live in? Did or does your mother have an attorney??

Help us, help you.

excon

Did dad hold the title in severalty without mom? Maybe that is why the quitclaims were made?

If they were joint tenants, then quitclaims wouldn't be necessary. More info needed. What form does the title company want?

My mother is 87 selling her house, her husband died 54 years ago, She had the children sign quit claim deeds once they were adults and recorded at the County Court House. the title company is saying these are no longer acceptable and that she will have to go back to the children with some new form. Why?? This hardly seems right.
Thanks for your responses. My father and my mother were both of the title of the house. My dad died at 38 without a will. There was no probate done. My father had two children from a previous marriage and two with my mother. My mother continued to live in the house and paid it off, they had only been in it two years when he died. When all the children were adults, they signed a quit claim deed to my mother because we were heirs of my dad. These were filed with the County Court house in the 60's.They are saying the quit claims won't work and they we will need to have Affidavit of Heirship. We are in the state of Texas.

Do you know if husband and wife were Joint Tenants or took title as Tenants in Common?

Did dad hold the title in severalty without mom? Maybe that is why the quitclaims were made??

If they were joint tenants, then quitclaims wouldn't be necessary. More info needed. What form does the title company want?
Thanks for your responses. My father and my mother were both of the title of the house. My dad died at 38 without a will. There was no probate done. My father had two children from a previous marriage and two with my mother. My mother continued to live in the house and paid it off, they had only been in it two years when he died. When all the children were adults, they signed a quit claim deed to my mother because we were heirs of my dad. These were filed with the County Court house in the 60's.They are saying the quit claims won't work and they we will need to have Affidavit of Heirship. We are in the state of Texas.

Hello TD:

There's more to this story....... In order to be of any real help, we need to know all the details surrounding a transaction.

Why did her children ever even have title to the house in the first place? Why, specifically, did the title company say they aren't acceptable. What, specific new form??? What state do you live in? Did or does your mother have an attorney???

Help us, help you.

excon
Thanks for your responses. My father and my mother were both of the title of the house. My dad died at 38 without a will. There was no probate done. My father had two children from a previous marriage and two with my mother. My mother continued to live in the house and paid it off, they had only been in it two years when he died. When all the children were adults, they signed a quit claim deed to my mother because we were heirs of my dad. These were filed with the County Court house in the 60's.They are saying the quit claims won't work and they we will need to have Affidavit of Heirship. We are in the state of Texas.

Do you know if husband and wife were Joint Tenants or took title as Tenants in Common?
I am not familiar with those terms, I have looked at all the paperwork, such as Warranty Deed etc and all I see is... his name and her name... or his name ,et ux.

It should be in proximity of their names. John Doe and Jane Doe, joint tenants, blah blah blah

If they were tenants in common, it makes more sense that they need the heirs to sign off. If join tenants, mom would have automatically taken title and just would have to go to the courthouse and have the husband's name removed after his death.

Hello again, T:

It's key because it determines WHO inherits the property. There are several different ways title to property can be held by married couples. In most cases, titles are held as Joint Tenants with rights of survivorship. Property held that way immediately goes to the surviving spouse.

However, property held as Tenants in Common will go to one's heirs instead of a surviving spouse.

There are other wordings in which title can be held, and the words we're using here aren't the same words used in every county and every state.

What we're trying to determine here, is if the title was held with rights of survivorship (and I think we both think it was held that way), then the mother owns the house period, and the quit claim deeds were unnecessary. At least that's what we're hoping, because the solution would be a lot simpler if that were the case.

excon

Hello again, T:

It's key because it determines WHO inherits the property. There are several different ways title to property can be held by married couples. In most cases, titles are held as Joint Tenants with rights of survivorship. Property held that way immediately goes to the surviving spouse.

However, property held as Tenants in Common will go to one's heirs instead of a surviving spouse.

There are other wordings in which title can be held, and the words we're using here aren't the exact same words used in every county and every state.

What we're trying to determine here, is if the title was held with rights of survivorship (and I think we both think it was held that way), then the mother owns the house period, and the quit claim deeds were unnecessary. At least that's what we're hoping, because the solution would be a lot simpler if that were the case.

excon OK, I found this on the warranty deed.
" TO Have and to hold the above described, together with all and singular , the rights and appurtenances there to in anywise belonging unto the said "Father's name and Wife's name, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof."

This does not sound like rights of survivorship to me.. right? So Mom did the Quit Claims
When the kids were adults. The kids signed the forms giving all interest in the property to her.

Thanks for your patience, this is most frustrating, when she thought she had everything in place.. :confused:

Are the children willing to sign the new affidavits?

Look at the portion of the deed that has their names. Does it say something like "John Doe and Jane Doe, husband and wife"? If so then they took it as tenants by the entirety, which is the same as joint tenants with right of survivorship.

Look for any of these phrases: tenants in common, tenants by the entirety, husband and wife, joint tenants. Then let us know what you find.

Are the children willing to sign the new affidavits?


The children from my mother will, the ones from my father from a his first marriage,. one is deceased and left a will to me, the other is in another state somewhere and I will have to track him down and hope he will sign again. Which brings me to my original question, why are the quit claim deeds not valid? I know this will be upsetting to my mother and did not want to do this unless necessary.Thanks again

At this point, I would consult a real estate attorney. He will be able to tell if the other documents are needed. It is rare that a husband and wife take title as tenants in common, but since there were children that were his and not hers, they might have taken out the deed in that way.

I'm going to add my 2 cents here. If this was the husband's house and he was adding the wife to the deed, then he might have used tenants n common to protect his kids from the previous marriage. But if they bought the house together, then its more likely to have been bought as joint tenants. I would take the deed to a real estate atty to advise you exactly how the property was held.

To sum up; if it was held in any form of joint tenancy, then the property passed to the wife OUTSIDE the estate and the children had not interest in it. If it was held in common, then HIS share was part of his estate and passed to his hiers which would have included the wife and kids.

I'm gonna add my 2 cents here. If this was the husband's house and he was adding the wife to the deed, then he might have used tenants n common to protect his kids from the previous marriage. But if they bought the house together, then its more likely to have been bought as joint tenants. I would take the deed to a real estate atty to advise you exactly how the property was held.

To sum up; if it was held in any form of joint tenancy, then the property passed to the wife OUTSIDE the estate and the children had not interest in it. If it was held in common, then HIS share was part of his estate and passed to his hiers which would have included the wife and kids.


ThanksScott and others, apparently it was held in common, so if the children sign quit claim deeds as adults giving interest to my mother, why wouldn't this be sufficient to sell the house. That is what I am trying to find out. Thnks for all you guys input. If you want I will let you know what the title company says when they finally get back to me to explain.
My lawyer who normally handles mine and my mothers matters has cancer and closed his office. I didn't want to start with a new one unless completely necessary on this.Thanks again T

Yep at this point we need to see what the ttitle company says.