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My mother left property that she bought from my paternal grandmother in 1956 to her four children. She died before my paternal grandmother so one of the four children got the great idea to get grandma to pretend she had never been payed for the property therefore still owned it and should sign it over to that one child. so granny did. then this child filed a quit claim deed at the registry of deeds.We the other three children are disappointed in our sisters actions and would like to know if this is a crime and if so what's the crime and what's the punishment. secondly is her phony quit claim deed valid and doe's it supersede the real deed. lastly how can someone lay claim to property without the real owners being notified.

Submitted: 293 days and 18 hours ago.

Category: Legal

Value: $15

Status: AWAITING CUSTOMER ACTION

orleans, Massachusetts

Already Tried:
Nothing really my mothers estate has not been probated yet.

Posted by Daniel Solutions 293 days and 18 hours ago.

Answer

It would be the crime of Fraud at the very least and possibly Larceny.
The quit claim deed would be invalid if you can prove what you have stated here to me. Also you will need to be able to prove your statements to sustain a fraud or laceny conviction.
The quit claim deed is the "real deed" until you can prove that it is not the real deed designed to properly transfer the property. In order for property to be validy transfered it must be deeded to the new owner but then that new deed should be registered so the others are aware of who is in fact the true owner.

293 days and 18 hours ago.

Reply

I still do not understand how she could file a quit claim deed with out providing the outstanding deed holder notice.In other words anyone can file a quit claim and the real owners won' find out unless thy happen to go to the registry and discover it?

Answer

If your mother was properly deeded the property and your mother deed was properly recorded then the quit claim deed should not have been validly recorded. However, from what you have shared with me it sounds like your mother's transfer was either not complete or some step was not performed to ultimately record that fact that your mother was the real owner. This is where the problem comes in that allows the quit claim deed to be recorded. This is why you will have to prove that your mother purchased the property and was the true own to have the quit claim deed held invalid.

Accepts:
Expert:	Daniel Solutions
Pos. Feedback:	98.6 %
Answered:	2/2/2009

Lawyer (JD)

Practing General Attorney, Professor and Lecturer of law for two decades

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orleans, Massachusetts Already Tried: Nothing really my mothers estate has not been probated yet.

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I still do not understand how she could file a quit claim deed with out providing the outstanding deed holder notice.In other words anyone can file a quit claim and the real owners won' find out unless thy happen to go to the registry and discover it?

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orleans, Massachusetts

Already Tried:
Nothing really my mothers estate has not been probated yet.