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normac
Feb 26, 2007, 01:16 PM
My parents and my brother have title to my parents house. They are old in age and now my step father would like to grant his 3rd to my half sister. This is something our other sibling would like to have done. Is this possible?

ScottGem
Feb 26, 2007, 01:22 PM
One can issue a Quit Claim deed transferring ownership from one group to another group. But I wonder why this is being done. Are you trying to avoid estate taxes or what?

normac
Feb 26, 2007, 03:01 PM
We're not trying to avoid estate taxes. It just that no one is talking to my brother that is on the deed already (my step father will not talk to him any more). My step father has asked him to sign off on the deed, and the refused. So now we are trying to come up with a legal way. Grant deed or quick claim deed.

Thank you
Norma

ScottGem
Feb 26, 2007, 04:00 PM
Umm the only legal way is to buy him out. If he's on the deed then any other attempt to get him off is illegal.

normac
Feb 26, 2007, 05:38 PM
My Bother Will Not Sell. So Are You Telling Me My Step Father Can't Give My Sister His 3rd By Doing A Grant Deed Or Quick Claim Deed?

normac
Feb 27, 2007, 08:46 AM
Do you have a answer to my last question?

LisaB4657
Feb 27, 2007, 09:07 AM
Your stepfather can transfer only what he owns. So he can transfer his own interest but he can't transfer your brother's interest. Once your brother owns a share no one else can take it away. The only way that someone can get your brother's share is if your brother sells it or gives it away.

ScottGem
Feb 27, 2007, 11:12 AM
Again, what is the purpose of your stepfather giving your sister his third? When I asked that originally you spoke about the brother. Your step father can transfer his third, but I don't understand what you think that accomplishes.

normac
Feb 27, 2007, 01:24 PM
That is his daughter and if may step father and mother pass my sister will not get anything she has coming to her. My brother has been away for 54 year and now wants everything. He tricked my father into signing the deed that he put his name on he said it was for reasons, and my mother can't see past my brother. There's a lot more to it. So all we need to know is can my step father sign over his interest of the house to my sister? He is 79 years old, and that is her dad. My brother thinks I want the house, I have own my house I don't need my parents, or anything else. He has no house or anything he lived with then for 5 year. Instead of down sizing he talk them into buy this house. Three bedrooms two baths about 2400 sq feet and 1 and a quarter acres

Thank you

LisaB4657
Feb 27, 2007, 01:27 PM
Yes, your stepfather can transfer his interest in the house to his daughter. I suggest that he see an attorney to have this taken care of properly.

ScottGem
Feb 27, 2007, 01:45 PM
First, Yes your stepfather can transfer his share to your sister. But its not necessary to do and may incur some tax issues. It might be better to establish a life trust with the sister as the beneficiary or just leave it to her in his will (though your brother sounds like someone who might fight a will).

Bottom line is your parents should consult an attorney to find out what's the BEST way to ensure your sister gets a share of the property.

Second, if your parents feel your brother tricked them into giving him a share of the house, then they can certainly sue him to remove him from the deed on account of fraud. Again an attorney can best advise if they have a case for that.

What I've been trying to do here is provide you with the best help I can. Its not a matter of whether your stepfather can sign over his interest. Anyone can cede their interest in an asset to anyone else. But there are often extenuating cirumstances, tax consequences and other issues so that a simple transfer may not be the best option for the situation.