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Do you know how the quit claim deed is worded?......it makes a difference.
Thanks
I will have to find a copy.
As I recall it just states our 5 names and hers.
If the property passed to the second wife and to you all equally, then if she were to pass, her children could only claim a total of 1/6 of the property. So, if she has two children, they would divide their mother's 1/6 interest.
However, the quit claim deed language is really crucial. There may be language that if she passes, then her portion of the property reverts back to you and your siblings.
Because the way that the deed is worded is SO important, without the exact wording, I don't want to give you improper information.
The very best thing that you can do is call and/or go to the Register of Deeds in the county where the property is located. You will need owner name(s), parcel number, address, or tax number. You can get a copy of the deed. You should then take it to an attorney who specializes in probate law. You may want to call the local bar association in the county in which the property is located for a referral. You can either make an appointment to discuss the specific facts of your case, or have a telephone conference. Many times, an initial consultation is free. You will then be in a better position to evaluate your options.
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17 years experience in all aspects of criminal law, landlord tenant, family law and small claims