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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11730
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Can I have someones name Removed from my Property Deed in Greenbrier

Resolved Question:

Can I have someones name Removed from my Property Deed in Greenbrier County WV ?

I am the Owner and Grantor, She is stated on the deed as the Grantee, to take full ownership upon my death. Can I have Her Name Removed and or can I still legally sell the property to someone else making them the Grantor of the deed without her knowledge.
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, My name is XXXXX XXXXX I will be glad to assist you today with your questions; my goal is to provide you with Excellent Service, but I need a bit more information, if you do not mind,

 

 

1. When you placed her name on the deed as "grantee", you intended to leave the property to this individual upon your death, correct ?

2. Did you record the Deed with your name as grantor and her name as grantee ?

 

Customer: replied 1 year ago.

Yes, That was my plans at the time. That was 4 years ago and I now have a change of heart and so want to change the deed.


 


The Deed States that She and I are the Grantees and that I am also the Grantor.

Expert:  Andrea, Esq. replied 1 year ago.

I apologize, I did not understand,

 

Did you record the Deed that has her name on it as "Grantee" in the Recorder of Deeds Office in your County where the property is located in West Virginia ?

 

 

What was the original purpose of making this gift to her ?

Customer: replied 1 year ago.

At the time. 2009, I was of poor health, just diagnoised with liver failure and put on Dialysis. I was concerned with loosing my Property and she was the only one present in W.V. at the time to assist me. However I do not believe I was of full understanding of exactly what was being done but unfortunately I trusted her. It turned out to be a terrible mistake.

Customer: replied 1 year ago.

The Deed is recorded in the Greenbrier County Clerks office in Alderson WV

Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your additional information, Chancy, I understand how you feel and how you were thinking at the time you put her name on the Deed,

 

Please understand that I have researched your question and I am giving you an honest and accurate Answer under the Laws of West Virginia so that you can take the appropriate steps to protect your property rights.

 

When an individual places the name of another individual on a deed, he can remove the Grantee's name from the deed, if the Grantor does so before he records the deed. Once the Deed has been recorded, the Grantor cannot remove the name of the other party.

 

However, there are some exceptions; if you were so overwrought with worry about your failing health and you basically were not thinking rationally, or thinking things through, then under the law, you did not have the mental capacity to execute the deed and give away your property to someone who was not even a blood relative. Compounding the problem was the fact that she was your caretaker at this crucial time in your life and she exercised unreasonable influence over you and over you actions, so that when you would take any action, you were really doing what she wanted you to do.

 

You might have to return to West Virginia briefly because this might only be accomplished by Court Order and the Judge may want to speak to you. But, we do not know that right now, so let us not start worrying about a possible, brief trip to West Virginia. You should not attempt to do this by yourself and should retain an Attorney in the County in West Virginia where the property is located. If you know a local Attorney who can accomplish this for you that would be great. If not, you can call the West Virginia Bar Association Lawyer Referral Service, tell them what your situation is and ask the names of several Attorneys with experience in real estate transactions. It will not cost much and it is certainly worth it to have it done correctly. The Attorney will take care of the legalities, and then everything will be the way you want it and back to normal, and the Deed will be back in your name and recorded in the Recorder of Deeds Office in the County where the property is located,

 

I realize that this is not exactly the Answer you were hoping for and you would have wanted something a bit faster, and it would have been my pleasure to give you the Answer you were hoping for, but I have an ethical obligation to you to give you only correct Answers and information, so I am respectfully asking that you not hold West Virginia law and the extra steps you might have to take in order to accomplish your goal against me,

____________________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11730
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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