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Question: Can Grantor with JT deed remove Grantee names?

A friend of mine retired a few years ago and moved to Arizona where his son hurried him into a brand new house as the real estate market was at full throttle 05′. The son did all the paper work and added himself/wife her brother/wife as grantees on the JT Deed. My retired friend just signed papers and wrote the checks. When it came tax time the son wanted to take the tax credit and this is when my friend woke up and smelled the coffee. (common sense in this case) My retired friend was under the illusion he was just renting from his son but paying the morgage and anything else needing done. Can he have the grantee names removed from this deed without refinancing. And if he did refinance would this be a benefit to him or disadvantage. Thanks




Answer: He will need a very good attorney, possibly two. One specializing in real estate law and one specializing in family law.

He will have to go to court to prove the son and the sons brother in law took “unfair” financial advantage of an elderly person. The court can then order a new deed and the removal of everyone elses names.

I doubt they will voluntarily give up ownership of a house.

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