Will correction deed suffice?

[NotCranky]

Anybody good on curing title defects?

The error made in a inter-family transfer was this(not my family)
Parents as joint tenants deed property to themselves as trustees of family trust.

As trustees, parents, grant to son his wife as new trustees ,but with wrong/incomplete legal description.

Mother passes away.

Son and wife incorrectly try to correct deed easement legal description/ ownership mis-match by deeding to themselves over again.

Father could potentially re-grant with proper legal description.

Does this require a quiet title action or would a deed correction possibly work and if so how?

Mother is deceased, having died shortly after deeding the property to Son and wife as trustees , Father is still alive and well.

If the father passed before it gets fixed what is the remedy?

[EconProf]

Go to a title company to ask for advice. They may just tell you to take it to a lawyer, which will cost plenty. But they are interested in generating good will and having you as a customer, and may just give you useful information. Can’t hurt to start there…its free.

[NotCranky]

Title company has done a lot, but yes, a lawyer has been suggested.

I have talked with a few and the possibility of a correction deed has come up. I have an appointment tomorrow to have a phone conversation with another lawyer I was referred to specifically for talking about the correction deed. I always like to know as much as I can before I talk to a lawyer so that’s why the question is here.

An interesting side note, the title company will do a litigation guarantee rather inexpensively, around $400. However, the goal of fixing this stuff for me is worth less than the quiet title action costs.

If there is the possibility that a deed correction would work, that could be way cheaper , maybe done without a lawyer at all.

[UCGal]

Do you want to hear an even more messed up family deed title mess?

Grandparents owned vacation house jointly. They lived in another state than this vacation house. Grandfather dies property is retitled to his wife. That was the last proper step.

Grandmother dies 10 years later. Her will is probated in the state she lives – but the out of state property is never retitled. Her will gives the property in equal shares to the 5 children.

A few years later one of the children dies. He was single – his will gives his share to his remaining four siblings. His will was again probated in the state he lived in – but not the state of the property.

A decade later – another sibling dies… no will. Assets (what few there were) went to his wife since they were jointly titled with her – except this property. His wife verbally states she wants nothing to do with this property since she’s being asked to pay shares of the taxes, utilities, insurance, etc. She verbally states she’s walking away.

The third sibling dies, in a 3rd state. Leaving 2 survivors from the grandparents, still standing. One of the two remaining siblings announces that the share goes away when you die. (No legal basis for this – just a forceful statement that this is how she sees it.) The newly deceased sibling has a will that is going through probate. The survivors (one is in his 90’s the other is in her late 80’s) finally decide to try to sell – and all of the deed issues, unprobated wills, etc come to bear.

Lawyers are involved. 3 states are involved. Probate courts are involved. Title companies are involved.

In the end – after all the bills are paid – the two survivors, and the two estates that didn’t will their share back to the survivors, the shares will amount to about $15k each.

We’re coming up on the year mark and second buyer… (first buyer walked after 6 months of waiting for clear title.)

It’s a mess. It’s also a race to see if it can be sold before the remaining two siblings die.

[NotCranky]

It horrible how complicated it is to fix these things even when all parties are willing to do it. We really are taken hostage for a good fleecing by lawyers on a lot of things.

[NotCranky]

After learning more about it , I think this case might be resolved with an escrow and some title work and no legal action….Keeping my fingers crossed.

I have to give the attorneys I talked to some credit , not all of them were trying to churn work off of the problem and it was a series of referrals that brought the non court resolution to the forefront as a possibility….that’s potentially legit advice. There are good attorney’s out there.

[CA renter]

Good to hear you had an honest attorney working for you, Russ. Good luck on this!

[NotCranky]

[quote=CA renter]Good to hear you had an honest attorney working for you, Russ. Good luck on this![/quote]
Thanks, The one good person attorney that I had consulted with gave me the referrals to the others ,so it seem the “birds of a feather” rule applies.

[NotCranky]

Well , the escrow company did a marvelous job with the free aid of a title company but one party won’t sign. Apparently not out of any legit disagreement, but just out of belligerence or mutually held animosity. I shouldn’t be surprised. Learned a lot and it didn’t cost much. Have some good new contacts for this kind of business.

[CA renter]

.

[Anonymous]

Take the bad deed. Type on top ” this deed is being recorded to correct the legal description” have father sign as surviving trustee, notarized and record. Easy fix

[Author]

Posts