My brother in law is grantor and grantee on deed. He has a brother that just went to prison and he wants his brother off the deed. Can he have it modified. It's a warranty deed, jointly for life with remainder to survivor.
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My brother in law is grantor and grantee on deed. He has a brother that just went to prison and he wants his brother off the deed. Can he have it modified. It's a warranty deed, jointly for life with remainder to survivor.
First please explain how a brother in law can be both grantee and grantor on a deed. If they are both on the deed you cant modify just because someone went to prison, you'd have to buy him out.
Where is this, (laws differ by nation, and in the US differ by state)
Is the deed final and recorded ?
In general, if two people are listed on a deed, to take one person off, they must have that person sign.
It is certainly possible for a person to be both grantor and grantee. Ex: John Smith grants Joint ownership in property a to John Smith and Sam Smith as Tenants in Common.
But if Sam Smith is the incarcerated brother John Smith cannot get him off the deed without Sam's consent. Essentially Sam has to sign a new deed conveying his share to John.
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