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1. my parents purchased a home and a lot with room to build…

1. my parents purchased a...
1. my parents purchased a home and a lot with room to build
2. they could not qulify for a loan
3. my dad went off the deed and put his yougenst daughter, Linda on because she had good credit
r. Londa did not qualify because she did not have the income
5. Mom comes off the deed and puts her other dauter Irma along with her husband Kurt on the deed
6 they obtain financing
7 they build
8 family rents and sustains property
9 Irma and kurt come off the deed fafsa would think that this is there property and they would be uneligible the
property is there mothers they are on title for the loan not ownership just like Linda. One day they will own 1/6
but they don't own it now
10 the same day at the same sitting with the same notary immediately they go back on the deed but don't record
11 January 2017 15-18 years later Irma finds out Linda has borrowed money, put her husband on title and evicts the
sues Irma and Kurt saying its only hers
12 Irma records her deed upon finding outall six kids have stated in there deposition that Linda Kurt and Irma were on title to obtain a loan not ownership. So I want to know if when her mother died wouldn't she have died in intestate and wouldn't the property be divided amongst all 6 siblings.were never to give the property to one or two children it was for all children.
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Answered in 1 minute by:
10/22/2017
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,123
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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If there was a deed here and title passed by deed from mother then it is not part of estate.If there was no deed recorded then the estate here and laws of intestacy come into play. It depends when or if a deed was filed.If it was filed here it passes by deed otherwise the estate has title and it passes under laws of intestacy.

If there is a dispute here about title the probate court has final say about who owns it the person or the estate.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 8 months ago
In California you don't have to record a deed for it to be valid
the last deed executed but not recorded until 2017 has both of them of the deed
the deed that was recorded only had Linda on it
linda had knowledge of this other deed she notarized it , she initially said it was forged but we hired handwriting experts which said that it was her signature
its currently in litigation now Linda is sueing for quiet title, slander of title etc....I believe that this should be in probate court and that although the parents weren't on the deed at the time of their death their intentions clearly only put the kids on title to obtain loans leaving this estate in intestate
Customer reply replied 8 months ago
Thank you for your request to talk but I prefer to put my thoughts in writing so I can refer back to them

The judge in Superior Court has to resolve the competing claims.They would review the deeds, hear arguments etc. to determine which if nay are valid.There are usually capacity issues or undue influence etc to determine if the execution was valid.

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The judge in Superior Court has to resolve the competing claims.They would review the deeds, hear arguments etc. to determine which if any are valid.There are usually capacity issues or undue influence etc to determine if the execution was valid.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,123
Experience: Texas Attorney for 30 years dealing in real estate
Verified
Ray and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 8 months ago
lets say she prevails can we reopen the case in probate court
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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