how do Ifight a quick claim that my sister had done to my mother
-Could you explain your situation a little more?Who signed the quit claim deed to who?
Was this your mother's home that she signed over to your sister or your sister's home signed over to your mother?
Why are you the one filing the deed and not your sister?
Please explain the circumstances so I can better answer your question.
this was my mother home she signed it tomy sister,my mother was depressed since her husband passed way. my mother was 88yrs old when she passed away in feb.2012.
-Could you explain your situation a little more?Are you saying that the deed was signed and notarized but never recorded?
Why are you involved in filing the deed that was given to your sister?
Did your Mom have a will?
If so, has the executor opened an estate in the probate court?
the deed was recorded,before this happend my mother always said the house was to be for all for the fpur of us. my mother said that if and when she passed away I was to be paid for all that I did for her, my sister know this so in2010 she and a friend talk her in to dueing a quick claim deed
,the deed was recorded,before this happend my mother always said the house was to be for all for the fpur of us. my mother said that if and when she passed away I was to be paid for all that I did for her, my sister know this so in2010 she and a friend talk her in to dueing a quick claim deed
Dear JACUSTOMER - You would have to file a suit to void the deed. You would have to show that your mother was mentally incompetent at the time she signed the deed to your sister. Verbal promises are not enforceable so whatever your Mom promised that was not in writing cannot be used as a reason to void the deed. This would have been a lot easier to have challenged at the time the deed was filed since proving the mental status of your Mom two years ago will require so expert testimony from a medical professional as to her state of mind. You could also contact the person who notarized the deed to see if the notary had any indication of a mental problem. If your Mom was mentally capable of making decisions then it is doubtful you will be able to get the deed voided. This can be a complicated an expensive lawsuit since you need to be able to gather the necessary proof of mental disability which will require paying an expert witness to write a report and/or to testify in court. So you have to also determine if 1/4 of the value of the property is worth the cost of filing suit.
25 years practicing attorney
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