How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask J. Warren Your Own Question
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2228
Experience:  Experience in residential real estate and commercial leases.
64316804
Type Your Real Estate Law Question Here...
J. Warren is online now
A new question is answered every 9 seconds

In a nutshell: My Grandfather inherited property from his sister.

This answer was rated:

In a nutshell: My Grandfather inherited property from his sister. When He died, title passed to my Grandmother. When she died title passed to the 3 children.
My uncle gave me a quit clain deed and a notarized bill of sale. for his 1/3 in exchange for a check and continued royalty share for 15 years. The check went uncashed. Royalties were paid to Uncle until his passing, then to his children as agreed. The quit claim deed was unfiled for several years, during which time Uncle died. His 3 children are now demanding I deed that share back to them, stating that their father never wanted to let me have the property.
I do not want to do this. Where do I go from here?
Hello! Thank you for your question today. My goal is to provide you with the information you seek.

Please note: (1) this is general information only, not legal advice; and (2) I will provide you with honest information and not necessarily to tell you what you might be hoping to hear.

Sorry you are dealing with this situation. If the quit claim deed has not been recorded you should record the deed immediately. Regardless if the deed was recorded, if it was a valid deed, the deed still conveyed title to you. However, the deed needs to be recorded to protect your interest and put the public on notice that you have an interest in the property.

You do not have to sell or transfer your interest that you have in the property. It would be up to the cousins to bring a partition suit to force the sale of the property or defend an action that the transfer was not valid. Outside recording that deed, there is unlikely anything you can do to convince the other owners that you have legal title to the property and to leave you alone.

If they want the interest then they should pay you fair market value for your interest if you decide you want to sell.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" or “continue conversation” tab.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
Customer: replied 3 years ago.

Deed was recorded this year. Did there have to be money consideration to make the transfer valid? do the continuing royalty payments serve as consideration, even though the original paymeny was never cashed? This all happened 15 years ago, so there is a lot of hearsay, but not much written down.

There would not necessarily need to be money exchanged for a transaction to be considered valid. Quit claim deeds are often considered valid without money as consideration as they are often used to gift an interest. The fact is the intent was to have money be consideration and in fact was but unfortunately never cashed which could arguably be categorized as a gift. A valid argument would exist for that.

However, a stronger argument would be the royalty payments continued and that is sufficient consideration.

The transfer is not invalid because the check was not cashed, however, the royalty payments help support the position that there was consideration.

Hope this helps.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" or “continue conversation” tab.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

Customer: replied 3 years ago.


Thanks. Your information is pretty much how I thought things were. I'll let them make the next move, then consult a local R.E. atty.

You are welcome. Best of luck, I hope they see the light and try and work it out so the legal fees don't get out of hand.
J. Warren and other Real Estate Law Specialists are ready to help you