[tjspace]

I filed a quit claim deed on a Florida property, but continued to live on the property and paid all bills including taxes, insurance, and maintenance. My father died leaving 1/2 interest in my father's estate.
Am I entitled to some % interest on the property even though I filed the quit claim deed?

[AK lawyer]

I filed a quit claim deed on a florida property, but continued to live on the property and paid all bills including taxes, insurance, and maintenance. My father died leaving 1/2 interest in my father's estate.
Am I entitled to some % interest on the property even though I filed the quit claim deed?

Yes. A QCD disclaims any interest in the property as of the effective date. If you inherited an interest in the property some time after the date of the QCD, that new interest would not be affected by the prior quitclaim deed.

The exact interest in the property you end up with will, of course, depend upon how the estate is distributed.

[ScottGem]

It might help if you were clearer about the situation. Like who did you transfer the property to, your father? And who got a 1/2 interest in your father's estate, you? And was this property part of the estate?

But the prior quit claim deed and no effect on an inheritance.

[tjspace]

When I filed the quit claim deed my parents were divorced and the county recording office helped me fill it out. I stated my parents names, and with it a single man and single woman, but did not say with rights of survivorship. When my dad died 1/2 went to my mother and 1/2 to my fathers estate.
I paid all the bills on the property and me and my mother have had a falling out, and now she is trying to secure the property from me.

There was a hearing and my mothers attorney cited a case Groover v. Simonhoff (1963 3rd DCA case which addresses the issue of the doctrine of after acquired title), and the judge said he thinks it's in accordance with this case and awarded all interest to my mother.

In order for me to fight for the money I have paid on the property, I feel I should file a motion for rehearing or motion for appeal, to have my name in some way on the property. Thanks for your input, Terry

[ScottGem]

First, if anything you have a 1/4 interest in the property. You mother has her 1/2, plus half of what she inherited from your father. Leaving you 1/4. However, it appears the deed was never recorded with your 1/4 interest.

Unless you can show that Groover v. Simonhoff doesn't apply you may have no grounds for appeal. You need a lawyer to proceed further with this.

[AK lawyer]

First, if anything you have a 1/4 interest in the property. You mother has her 1/2, plus half of what she inherited from your father. Leaving you 1/4. However, it appears the deed was never recorded with your 1/4 interest. ...

The father's ex wife wouldn't have inherited anything from her ex husband. And where do you see any clue that the deed wasn't recorded?

...
There was a hearing and my mothers attorney cited a case Groover v. Simonhoff (1963 3rd DCA case which addresses the issue of the doctrine of after acquired title), ...

157 So.2d 541 (Fla.App. 3 Dist. 1963)

Groover doesn't apply to OP's case. In Groover, the wife of a missing person quitclaimed her husband's land to another person. Then, later, she applied to probate court to declare her husband dead. After getting the court to declare him dead, she inherited his interest in the land and sought to assert that interest against the successor of the grantee in her earlier quitclaim deed. The court stated as the rule that

"The estoppel operates to prevent the grantor and his privies from setting up as against the grantee and those claiming under him a pre-existing, outstanding title subsequently acquired by the grantor. (emphisis added)"

It was a pre-existing title (that of an apparent widow of a missing and presumed-dead husband). It was subsequently acquired only in the sense that she went back to clean up the question of her husband's mysterious disappearance In OP's case, on the other hand, the title was first acquired after the quitclaim deed, only after the father died and the son (OP) presumably inherited from him. Groover doesn't apply.

[ScottGem]

I agree with you that Groover would not seem to apply based on what the OP has said. Therefore, since the judge felt Groover DID apply, I extrapolated from that, that the OP's interest wasn't recorded. The OP also said that "When my dad died 1/2 went to my mother and 1/2 to my fathers estate." Since the mother already had one half, I was assuming, he referred to his father's half, but I may have misinterpreted that.

Bottom line, this is a situation that needs an attorney to unravel,

[AK lawyer]

I agree with you that Groover would not seem to apply based on what the OP has said. ...

But there is the nagging question as to why OP executed the QCD in the first place.

Thing about Groover, back in the '60s state appellate judges didn't care much about writing meaningful opinions did they? Whole thing is about one page, and most of it recites the facts.:(

I should add that the father's estate appears to not have been probated and distributed for some reason. This needs to be taken care of.

[tjspace]

I am trying to get information on Florida adverse possession.

I have been paying bills on a property form 1985 to Dec. 2010

A family member is trying to take this property from me.

I had been renting out the property and moved back in Feb. 2004 which means I have been here 7 years, and 4 months.

Following is a property tax list, with tax year, date paid and by who.


2002 paid 3-31-2003 Paid by mortgage co. because I was late. I paid mortgage.
2003 paid 2-28-2006 I paid
2004 paid 3-27-2007 I paid
2005 paid 3-28-2008 I paid
2006 paid 3-24-2009 I paid
2007 paid 1-07-2010 I paid
2008 paid 10-29-2010 I paid
2009 paid 5-28-2010 I paid
2010 paid 6-28-2011 Other party paid

From what I have read adverse possession involves a 7 year period. This shows 2003-2009 taxes paid = 7 years. I am concerned about getting credit for 2003 because I did not move back in until Feb. 2004. Hope someone can give insight into this? Thanks

[JudyKayTee]

Is this the same property you've asked about before - https://www.askmehelpdesk.com/real-e...e-575242.html?

If so I am asking a Moderator to combine the posts.

[ScottGem]

Who owns the property? Who is on the deed?

I've merged these threads. You never came back and answered the questions we raised.

[AK lawyer]

I am trying to get information on florida adverse possession.

I have been paying bills on a property form 1985 to Dec. 2010

A family member is trying to take this property from me.

...

And who is claiming adverse possession, you or the family member? Because who pays the taxes is only one part of the adverse possession question.

If the other party paid the taxes this year, is that all he/she is using to establish adverse possession against you? Wouldn't even come close.

So I guess you are thinking about claiming that you have perfected title by adverse possession. I don't think one tax payment by the other party is going to ruin your claim. But maybe.

[tjspace]

I was the one trying to claim adverse possession.

[ScottGem]

I was the one trying to claim adverse possession.

You have a complicated situation here. For us to have any chance of giving you some good advice you have to answer all our questions. You haven't come close.

[tjspace]

This is the same property asked about before. Mothers name was on deed after probate hearing. Then she added her husbands name with rights of sur. Sister had quit claimed her interest to mother before probate hearing. Thanks

[AK lawyer]

This is the same property asked about before. Mothers name was on deed after probate hearing. Then she added her husbands name with rights of sur. Sister had quit claimed her interest to mother before probate hearing. thanks

It's like pulling teeth to get the complete picture. Here is what I have so far:

• You are the "sister".
• Your father died. You believe you were entitled to 1/2 interest in the property at that time.
• You then quitclaimed your interest to your mother (for some still unexplained reason).
• Then the probate court ruled that your mother inherited the land from your father.
• The mother had re-married by this time, and she conveyed the property to herself and her husband.
• You continued to live on the property since 2004, and are asking if you have an interest in the property, possibly by adverse possession.

It looks like, contrary to what I said earlier, that Groover v. Simonhoff does apply. The facts are different than what you led us to believe.

It doesn't look like you have a valid adverse possession claim. I don't see any reason for you to have believed, in '04, or since, that the land was yours. You therefore had no basis to be claiming that it was yours. Instead, you were living there with the permission of your mother and your step-father. In terms of Florida Statute 95.18, what is your

"... claim of title exclusive of any other right, ..."?

I see that the "family member", who is trying to take the property from you, is your mother.

[tjspace]

I am the son. Me and my parents bought the property together in 1985, at which time I had paid all the bills up until Dec. 2010 when my mother paid a late HOA bill and decided to probate the property. 1/2 should have gone to my mother, 1/4 to me, 1/4 to my sister, but the judge did not rule that way stating I signed my estate rights away with the quit claim deed.

During certain periods, I had rented out the property but moved back in Feb. 2004 and have not left. In 2001,2002 the mortgage company had paid the taxes. I paid in 2003 to 2009. After the recent probate hearing, my mother conveyed the property to herself and her husband. He just paid the tax bill for 2010 in June.

I appreciate taking the time to give insight. Thanks

[AK lawyer]

Ok, you are the son, not the daughter. Which means there were at least two quitclaim deeds: yours and your sister's. Each of you, for some still unexplained reason, quit your claims to the property. Your sister did this in 2010 and, I assume, you did so some time prior to that date.

Since you gave up your claim, how do you feel you still have one? By adverse possession since the time of your QCD? The problem there is, as I explained in post #16, you didn't have a "... claim of title exclusive of any other right, ..." from 2004 (or whenever you did the quit-claim) to the present.

[ScottGem]

I agree with AK. Your use of the property was with the permission of the property owner. That gives you no claim for adverse possession.

Since a judge has already ruled that you have no ownership interest I don't see why you think you have any.