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    bgwyao's Avatar
    bgwyao Posts: 1, Reputation: 1
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    #1

    Dec 16, 2012, 06:36 PM
    How to remove a name from a Beneficiary Deed?
    My Father-in-law created a Beneficiary Deed for his children. One of the sons created a Meth lab in the basement, which has yet to be cleaned up. Father-in-law has since passed away and the surviving children want nothing to do with the property. Also Mother-in-law predeceased the father-in-law.

    What can they do to prevent any legal responsibilities associated with the deed? Can they do a Quit Claim Deed? If so, who do they convey the title to?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Dec 16, 2012, 08:44 PM
    The children may want nothing to do with the property, but they have an ethical responsibility to report the meth lab to the police or clean it up and not report it. It's a hazard to the neighborhood and anyone entering, even kids snooping half innocently.

    If it were just empty they would contact a broker and sell it! It's ludicrous to just let it go to the town for taxes, because usually it gets cited for all sorts of nuisance violations along the way, and those will be owed regardless of what it might sell for.

    Find some churches in town who might want it for a halfway house, as long as they are aware of the cleanup dangers.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Dec 17, 2012, 11:41 AM
    Quote Originally Posted by bgwyao;
    Can they do a Quit Claim Deed? If so, who do they convey the title to?
    That would be the big question, wouldn't it?

    Please be aware that if you try to dump it off on someone simply by recording a deed to that person or entity, it will not decrease your potential liablility. Because unless the grantee accepts the "gift", it will generally be ineffective. It will still be yours.

    An even if you can con someone into taking it, you will still be responsible for the associated liability.

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