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I am trying to understand what is meant by an unworkable…

Yes. Lawyer's Assistant: Where...

Yes.

Lawyer's Assistant: Where is the property located?

I am trying to understand what is meant by an unworkable deed.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Long story short, had an aunt that past back in 7/14 in which the deed was in her name. Next of kin is her son. However, I have been paying the taxes (GA) since then with no contribution. Property was Quit Claimed to me 8/17, however taxes are due and there have been no attempt to pay...

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Answered in 6 hours by:
5/30/2018
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,392
Experience: Real Estate Attorney with over 25 years experience
Verified

Hello. Let me see if I can assist. Who gave you the Quitclaim deed? Do you think the quitclaim deed is an unworkable deed?

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In Georgia, an unworkable deed means that there is something defective about the deed that makes the transfer, such that the recorder cannot properly record it in the DeKalb County property records.

Is your quitclaim deed recorded?

You should get a copy of the deed, and have a real estate lawyer or other real estate professional look at it to determine what is defective about the deed.
A quitclaim deed just conveys whatever right, title and interest that grantor had in the property to you. It is not bullet proof, but it gives you right, title and interest in everything that the grantor himself or herself had in the property.

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Customer reply replied 2 months ago
The quit claim was executed by the grantor (son of deceased) and myself (I am the nephew to the deceased property owner/ grantee). However, the transfer could not be made before the property owner transitioned.

If the deed was delivered to the grantee before the grantor (son of the deceased) had title to the property (either through joint ownership or through probate), then the deed is not valid. A person can only convey title to a property if they have an ownership/title to the property at the time they transfer it.

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Customer reply replied 2 months ago
The son of the deceased has never had rights to the property before his mother died (in 2014). He and I executed a quit claim deed around Aug. '17. He has not attempted to pay property taxes since her passing in which I have been keeping them current. Every year they have placed a tax lien on the property until I bring them current. At this point, I can not continue to pay. The QCD in which we have initiated has been signed, notarized and filed in the county courthouse. Therefore, in order for me to assume the property I have to go thru probate? What are my next steps to insure that I don't lose what I've already invested due to the lien? Please advise...

Yes, a probate action needs to be filed in the county where the property is located. That will resolve the issue once and for all.

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Customer reply replied 2 months ago
What is the process to do so? And am I within in my rights to do so since the the execution of the QCD is not valid? Also, would it he worth the time and effort to execute a lease agreement knowing that the likelihood of me receiving any rent is slim to none?

You can file the petition for administration in that county courthouse. You can check for the forms online with your local county courthouse. I recommend that you obtain a lease agreement if you can. You should also obtain a waiver of his claim or interest in the property. You can use that together with the deed to show the court his interest to waive any interest as her heir to the property.

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Customer reply replied 2 months ago
I the waiver is what the QCD was for?

I think that is very good evidence of his waiver!

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Customer reply replied 2 months ago
Ok Lori, one more question. You've been great!
Customer reply replied 2 months ago
Are you saying the QCD that we executed or is there another legal document (waiver) that I need to obtain along with a lease agreement if I can ascertain one?

Yes. If you can get him to waive any interests as an heir (due to her will or, if she did not have will, that he would acquire through intestate laws as next of kin.

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Customer reply replied 2 months ago
Would you be able to forward a working document of that waiver with actionable terminology?
Customer reply replied 2 months ago
Does the esivrt need to be executed thru a notary?

Yes and yes. It can be done by affidavit. I will upload one for you. Give me a moment.

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See attached.

Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,392
Experience: Real Estate Attorney with over 25 years experience
Verified
Lori and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 2 months ago
Lori, you Rock! Thank you...

You are welcome!

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Customer reply replied 2 months ago
Good morning Lori on the "affidavit of waiver of rights of inheritance" what goes in the space of ss. __________ Judicial District? The county of where this will be filed? The next section under "THIS IS TO CERTIFY", personally appeared ___________ to me known and unknown to me to be the identical individual described above. Is this for the notary?

__________ Judicial District --- County where it will be filed!

section under "THIS IS TO CERTIFY", personally appeared ___________ to me known and unknown to me to be the identical individual described above. Is this for the notary? YES!!

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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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