[Jorgi]

In February my Dad, now deceased, put my brother's name on my parents house by means of Quit Claim Deed. My Mother is still living and also signed the deed. Now my brother has moved in completely against the wishes of my Mother. Since the death of Dad, Mom has made a will, living will, and signed a Durable Power of Attorney Financial and POA Medical naming my older sister. My question is, does the POA Financial override the Quit Claim Deed naming my brother in the case of something happening to Mom. Or does my brother alone make the decision as to what happens to the house? Mom wants it sold and split between the siblings. We don't trust he will do this. The house is in Georgia and has no mortgage. What are the options to protect the wishes of my Mother with regard to her house? Thank you.

[ScottGem]

Nope. The Quit Claim deed gave your brother half ownership in the house. The POA has NO affect on that. If the deed was set up as joint ownership with right of survival, then the brother will get the house when your Mom dies.

The only way this can change is if the brother signs the house back to mom as sole owner or it can be shown that your Father's actions in signing the deed were donw under duress or fraud.

[Emland]

Do you think your brother coerced your father into signing the Quit Claim? Was your father mentally able to see to his own affairs at the time? Why was only one brother and not the other siblings put on the deed?

Just some things to think about for what looks to be an inevitable lawsuit regarding your parent's home.

[Jorgi]

Nope. The Quit Claim deed gave your brother half ownership in the house. The POA has NO affect on that. If the deed was set up as joint ownership with right of survival, then the brother will get the house when your Mom dies.

The only way this can change is if the brother signs the house back to mom as sole owner or it can be shown that your Father's actions in signing the deed were donw under duress or fraud.

Can we take Dad's death certificate to the court house, remove Dad and add the other siblings? Mom signed the Quit Claim as Grantee to Grantor. She, Dad and brother are listed as Grantors.

[ScottGem]

What a minute. You said that Dad added your brother's name. In that case, mom and dad should have been Grantors, granting ownership of the property to mom, dad and brother as Grantees. So either you are reading the deed wrong or it was misfilled.

Was the deed recorded? Have you had an attorney look over the deed?

As I said, if the deed was executed properly, then mom and bro share ownership. The only way to change that is to get bro to deed it back to mom or to prove that he was added fraudently. So taking the death certificate to the court house does nothing. Assuming the deed was held as joint tenants with right of survivorship, the house passed to the joint owner (mom and bro) outside the estate so the other siblings have no claim on it.

But, its possible that the deed was not executed properly from what you said. So take it to a lawyer and have it reviewed.

[Emland]

I am confused, too. If your father signed a quit claim then his share would go to the mother. Correct? You father would not have been able to put your brother on the deed by executing a quit claim. The quit claim would have only said he no longer claims title to that property. (That's how I understand quit claims)

[ScottGem]

A quit claim deed transfer ownership in a property from one party or parties to another party or parties. It can be used to add someone to an existing ownership. So Mom and Dad could deed their interest to themselves plus the son. Or dad could just deed his interest to the son, or himself and the son. It all depends on the workding of the deed.