When my husband was live he was on deed. I had him quit claim it to me because he started doing drugs. After his death I sold 50 feet of property to neighbor. They are now telling me the deed was written so it goes from my husband to my minor grand children. I wrote it wrong. It was (grantor ) grantes to (grantee) sole and separate property then I wrote under that that when I die property goes to my minor grand children. They are saying after my husband died he is giving property to grand children. So what do I do. They say I have to get parents to become gardian so they can sign for minor children and fix this. How do I do that? How much does it cost.

Who are "they"?

Which state are you in?

The deed is possibly void the way it is. I don't believe you can use a deed to leave property upon your death. Only current owners are listed on the deed.

The good news is if you can get the current deed voided, then as your husband's survivor, you would inherit the property so you can file a new deed as sole owner. Then quit claim the 50 feet to the neighbor.

I would, however, engage a real estate attorney or use a title company to do this.

Yes, time to go to a real estate attorney and see what you may have messed up. Or if someone is trying to do something to you also

Quote:

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Originally Posted by ScottGem

The deed is possibly void the way it is. I don't believe you can use a deed to leave property upon your death. Only current owners are listed on the deed. ...

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I am assuming OP's deed reads something like this:

"[OP's husband] (grantor) grants to [OP] (grantee) [the within described real property, as her] sole and seperate property then ... when [she] dies, the property goes to [names of minor grand children]".

If so, it arguably creates a life estate in OP with a remainder to the grandchildren.

Several problems:

• If the husband died intestate, it could be that OP only inherited a portion. This depends upon the intestacy statute of wherever she is.
• If a guardian were appointed, as "they" advise her, I don't see how the guardian could simply give away the wards' (grandchildrens') interest in the property.

But OP writes that "They are saying after my husband died he is giving property to grand children". I don't see how the deed language she gives us could possibly be construed as (husband -> grandchildren) without her in the middle.