Estate Law
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Answered in 4 minutes by:
3/30/2016
legalgems, Attorney
Category: Estate Law
Satisfied Customers: 36,473
Experience: Just Answer consultant at Self employed
VerifiedOnce a quit claim is executed, it is a binding legal document. If it is recorded and becomes part of the chain of title, then it is effective as to all third parties. If it is not recorded, it is only effective as to parties that had notice of it.
One may not simply remove another's name from the deed; rather in order to have one's name removed legally, that person would need to transfer the property to another via quitclaim, deed, etc.
The person that unlawfully has the home is considered to be a constructive trustee, essentially holding the property in trust for the rightful owners.
If the rightful owner is deceased, the heirs would be the ones entitled to it- at least a portion of it.
I would urge you to contact an attorney to do the following:
1. view the chain of title
2. write a demand letter to the person in possession/claiming ownership
3. open probate so that any property can be properly distributed.
It is illegal for the purpose that is trying to fraudulently transfer property they don't have if the purpose is to deprive another of their interest.
If the person receiving the property is aware of the fraudulent behavior then they can also be liable.
Generally the court will "void" the transfer.
legalgems, Attorney
Category: Estate Law
Satisfied Customers: 36,473
Experience: Just Answer consultant at Self employed
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