Legal Question in Real Estate Law in Missouri

My grandmother used a quitclaim deed to leave a property she owns to me fifteen years ago and she is alive but becoming more forgetful. My aunt wants to sell this property. Would that be possible without my ok?


Asked on 2/05/10, 7:54 am

2 Answers from Attorneys

Anthony Smith LawSmith

If the deed was recorded, then the aunt could nto convince teh grandmother to sell wha tshe no longer owns. If hte quit claim deed has not been recorded, then it may be very tough for you to prevent your grandmother from selling what is still hers. If she no longer has capacity to handle her affais, due to her mental state, then you might be able to get a conservatorship established with the probate court in the county where she lives.

Good luck

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Answered on 2/10/10, 9:37 am
Sean Santoro Santoro Law Office

A quitclaim deed is only sufficient to convey the interest in land of the grantor. The question is: did your grandmother own this property in fee simple or does your aunt (or some third party, like a bank)own an interest in this property? One property can have many parties in interest. I would need to know what legal or equitable claim your aunt has to this property to answer your question. Feel free to contact me if you want to discuss this.

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Answered on 2/10/10, 11:26 am


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