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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6846
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My mom died in January. Her only siblings were myself and my

Customer Question

My mom died in January. Her only siblings were myself and my brother. I found out the day before I left to come back home that the quick deeded
my mom's home 4 years ago without my knowledge to myself
my brother and their two kids.
It is a two family home and they are letting their daughter live
There rent free (she makes 70 g plus)
I asked for my mom's banking statements and will and have not received
anything. I just received a funeral bill which they want half.
is there anything that can be done about the quick deed and do I have to pay half the
funeral cost if the assets are left to four individuals.
Submitted: 6 months ago.
Category: Estate Law
Expert:  Irwin Law replied 6 months ago.
Good morning. My condolences on the loss of your mother. I'm sorry to hear about this legal predicament; however, voiding or setting aside the quit claim deed would require a legal action i.e. a lawsuit to determine whether or not your mother was competent and/or subjected to undue influence. Such suits are complicated and expensive. On the other hand, as co-owner of at least one quarter interest of the property you could force a sale of it through a partition suit. Those are usually not contestable, but would require the services of a skilled real estate lawyer. With regard to the funeral bill, the assets of your mother's total estate should be used to pay debts, expenses and cost of administration. Thus if no one has opened an estate for her yet, that should be done as soon as possible, in order to preserve any assets that she may have had other than the home. I know this is a complicated situation and this information cannot cover every aspect of it. If you have follow-up questions, or wish to pay an additional fee for a telephone consultation, I can offer such. Otherwise I hope that this information is helpful and that you will accept and enter a positive rating for it at this time.