208 Law Signature Assignment First Draft

ISLO 1 PAR 125 and PAR 208 Signature Assignment
Emma Pierce is a divorcee living with her four daughters, Ellie, Emily, Ellen, and Elena. Emma and her minor children live with the Mother and Grandmother, Elizabeth Pierce. Following the death of her husband, Elizabeth became the sole owner of the five-bedroom, six-bathroom mountain home located in the County of Teller, State of Colorado, with a common address of 2356 Tall Timber Lane, Cripple Creek, CO.

Two years-ago Emma met with you and your supervising attorney regarding her desire to make certain she received full ownership of the Tall Timber residence upon Elizabeth’s death. At the time of her visit to the law office, Emma communicated her concerns. Elizabethafter visiting her close friend Jane at the Villages, an active adult retirement community in Sumter County, Floridahad taken on a new lover, Jack Carson. To maintain the relationship, Elizabeth traveled back and forth from Colorado to Florida to visit Mr. Carson until he proposed marriage. Elizabeth accepted, and a wedding ceremony was held at the Shining Mountain Clubhouse-Banquet Center in Woodland Park, Colorado. The location of the wedding was too close to home for Emma, who wanted to make certain Jack Carson would have no interest in the Tall Timber Lane property in the event of Elizabeth’s death. When Emma first met with you and your supervising attorney, Emma indicated that Elizabeth had no estate planning documents of her own, such as advanced directives, or a will and/or trust.

Your supervising attorney recommended the parties become co-owners of the Tall Timber Lane property. Thereafter, a quitclaim deed naming Elizabeth and Emma as joint tenants with full rights of survivorship was signed, executed, and recorded in the Teller County Register of Deeds, prior to Elizabeth marrying Mr. Carson. 

After the recording of the quitclaim deed naming Elizabeth and Emma as joint tenants with full rights of survivorship, Elizabeth moved in with Jack and changed her domicile to Florida. Earlier this year, in April of 2020, Elizabeth unexpectedly died of the COVID 19 Virus. Emma has contacted your law office and wants to schedule a Zoom Video Conference to make certain she is the exclusive owner of Tall Timber Lane property such that the property will not be included in her Mother’s probate estate in the State of Florida.
As a preliminary step to participating in the Zoom Conference with Emma, your supervising attorney asked you to research the chain of title at the Teller County Register of Deeds Office for the Tall Timber Lane property. After researching the chain of title, much to your surprise, you located a quitclaim deed that was drawn up and recorded in the County of Teller State of Colorado wherein Elizabeth sold her interest in the property to herself, Elizabeth Pierce. This subsequent conveyance was done without Emma’s knowledge and approval.

Recalling and applying key concepts in the course, answer the following questions using a legal memorandum format. Please upload the memorandum into the D2L portal as your response to the 1st Draft Property Law Signature Assignment. Address the questions set forth, below, in your legal memorandum as the issues or questions presented for consideration.

 Questions 1 and 2
1.       Recalling the key concepts for concurrent ownership of real property, apply those concepts and determine who owns the Tall Timber Lane property, for instance, what are the respective rights of Emma and Jack?
2.       Can Jack obtain title to all, or a portion, of the Tall Timber Lane property? Please cite the law and provide the legal analysis discussing why or why not?

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