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gahyadahi · Jun 6, 2009, 05:45 PM

My mother recently passed. She changed her trust from 6 to 4 children, removing 2 from receiving anything. The older real estate quit claim deed listed all six. A newer real estate special warranty deed lists only two (co-trustees) . Who owns the property? And how do we proceed? A quit claim deed was made on the same date as the warranty deed, but failed to change the names from the original 6.

Fr_Chuck · Jun 6, 2009, 06:44 PM

Which dead was made first and was any of the deeds filed.

gahyadahi · Jun 6, 2009, 08:24 PM

The lawyer that created the special warranty deed was supposed to remove the two names and file a new quit claim deed. Instead, the quit claim deed was filed with all 6 names. Both are dated the same date, and filed the same hour.

AK lawyer · Jun 6, 2009, 09:30 PM

Originally Posted by gahyadahi

My mother recently passed. She changed her trust from 6 to 4 children, removing 2 from receiving anything. The older real estate quit claim deed listed all six. A newer real estate special warranty deed lists only two (co-trustees) . Who owns the property? And how do we proceed? A quit claim deed was made on the same date as the warranty deed, but failed to change the names from the original 6.

Still confusing.

Deed #1 (a QC deed) conveyed the property to 6 children, in trust?

Deed #2 (Spec. W. deed) conveyed the same property to 2/6 of the children, again in trust?

Deed #3 (another QC deed), made the same date as Deed #2, conveyed the same property to the same 6 named in Deed #1?

It looks to me that Deed #1 controls. Deed #2 would be ineffective because at the time it was executed she had nothing left to convey (having already conveyed her interest via Deed #1). I don't know that the fact that all deeds were recorded ("filed") makes much difference. So the 6 children own the property in trust.

gahyadahi · Jun 7, 2009, 05:18 AM

The plot thickens. The TRUST itself DID change the names, dropping the two people. Now we have a quit claim deed with 6 of property put into the Trust of only 4. Is the attorney that failed to file the quit claim deed adjusted likely to admit the mistake, would he have notes of what the client wanted? In effect it would be "obvious" of the intent, since all he did was filed an additional deed that was already in effect (no changes.)

AK lawyer · Jun 7, 2009, 05:44 AM

An attorney (different than the one who screwed things up) should review all these documents to determine what the situation is.