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Does a grantee still own the property granted by a grantor if grantor is dead?
Wiki User
∙ 13y ago
Generally, yes. The grantor on a deed is the one who owns the property and is transferring it to the grantee. Once the deed has been executed and delivered to the grantee the grantee is the new owner and they must record the deed in the land records as proof of their ownership. The subsequent death of the grantor has no effect on the grantee's ownership.
Wiki User
∙ 13y ago
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Can a grantor of a quit claim deed still enter the home in question?
Unless the grantor is also a grantee in the deed, or reserved a life estate, they have no right, title or interest in the property. Therefore, they have no right to enter the home. The property has a new owner.
Your brother own a home and wants to add you his sister he still wants to keep his name on the house will he be the grantor as well you both be the grantee how will you fill this out?
Your brother should be grantor, his sister should be grantee, but he should convey only an undivided one-half interest in the home. Or undivide one-tenth interest, or whatever he wants. In the property description, it says, "An undivided one-half interest in the real property commonly known as 123 Main Street, Anytown, USA, and more particularly described as [legal description] (and if they want joint tenancy with right of survivorship, add), so that Grantor and Grantee own the property in equal shares as joint tenants with right of survivorship."
What happens if the grantor signs a warranty deed with reservation of life estate and power to sell and the grantee dies before the grantor?
The grantee in a life estate is the life estate owner. If they die the life estate is extinguished and the property is free of the life estate. However, if you have your terms reversed please review the following. The grantor is the person who owns the property. The owner can grant a life estate and that person is the grantee. If the grantor dies the decedent's heirs would inherit the fee to the property either by will or under the state laws of intestacy. However, the life estate owner retains their life estate and the heirs acquire title subject to the life estate. The life estate owner would still have the right to the use and possession of the property for the duration of their natural life. They would also be subject to any statutory law regarding the obligations of a life estate owner in maintaining the property, paying taxes, maintaining insurance, etc..
Can a life estate owner leave the property by will prior to the death of the grantor?
No. The grantee of a life estate cannot leave the life estate in a will because a life tenant doesn't own the property, only the right to use it during their life. The life estate ends when the life estate owner dies. That's why it is called an estate for life. After the death of the life tenant there is nothing left to devise by a Will.Sometimes the owner of land simply grants a life estate to another party. In that case the grantor still owns the property subject to the life estate. When the life tenant dies the life estate is ended and the grantor still owns the property. In other cases the owner transfers the property in fee to new owners but reserves a life estate to herself or some other person. In that case the property is no longer owned by that grantor at the time of the grantor's death and so does not become part of the estate. In that respect, a life estate deed is an estate planning tool.
Does a general warranty deed that is alread transferred to grantor protect it from the previous owners creditors?
First, property is transferred by deed to the grantee. If the property is transferred to avoid creditors the creditors can still attach it through a court process. If there are already judgment liens, tax liens and mortgage liens recorded against the property then you would acquire it subject to those liens. They do not go away if you transfer the property to someone else.
Could a Living estate over ride a quick deed?
If the owner of property conveys that property by a quitclaim deed while they still own it then they no longer own the property. It is now the property of the grantee in the deed.
What if the grantor is no longer mentally capable of living at property?
That will depend on the wording of the will or trust. While they may have to move out for health and safety reasons, in most cases there is still a life estate in the property.
Can a survivorship deed be reversed or cancel by land owner still living on property?
Deeds cannot be canceled. The grantee must convey their interest by a deed.
How long is a Quitclaim deed good for?
The laws vary in different jurisdictions but generally, a deed doesn't expire. However, until it is recorded in the land records it is only of use against the grantor and not against the world. If you don't record the deed and later the owner or the owner's heirs sell the property to another buyer, either not knowing or forgetting about the first deed, the second grantee will be the record owner as long as they record their deed. The first grantee with the unrecorded deed would need to sue the grantor to get their money back.A recorded quitclaim deed establishes ownership until that owner executes a new deed that transfers the property to a new owner. Each owner will still have the original deed tucked away in their records although many will have become null since the property was later conveyed.See related question link.
What do you do when a person dies owing a mortgage and he conveyed the property before he died to someone who is not on the mortgage?
The property is still subject to the mortgage. The grantee should make arrangements with the bank to assume the mortgage. Some mortgage documents contain language that a transfer of the property will trigger a demand that the mortgage be paid in full. You should speak to the bank ASAP. Or, the grantee could just keep paying the mortgage.
How do you find any land titles that still have family members names on them?
You can research property at the local land records office. You should check family names in the "grantee" index which will show any property they acquired by deed. Then you must check them again in the "grantor index" to see if they sold any property. Probate records can also be checked for inherited property. Searching your family property can be a fun and interesting project. The staff at many land records offices are very helpful and will show you how land is recorded and how to begin your research. Perhaps you can find some assistance at the link provided below.
What does the term heirs and assigns mean in a deed?
It means the grant is intended to be indefinite. For instance if I grant a right of way to my neighbor Susan to take a short cut via a driveway over my property and do not say "and to her heirs and assigns" then the ROW would die when she dies or sells her property. If I grant the ROW to Susan, her heirs and assigns then the ROW goes on forever. The words "heirs and assigns" were traditionally used in a deed to grant a fee simple estate meaning that the grantee is the absolute owner and can sell the property or leave it to his heirs.
