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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My grandmother is 92 years old and lives in. My uncle, her

Customer Question

My grandmother is 92 years old and lives in KY. My uncle, her son lives with her and has so for many many years. Her home was deeded to me and my brother and some other relatives. We all agreed a few months ago my uncle could stay in the house after my grandmother's passing. We all made the mistake amd signed the deed for him to have the home. Since doing so, other family members have virtually taken over the home... Installed cameras, ran off the ones who were visiting regularly, and harassed most of us. We are no longer comfortable that my grandmother's best interest is being managed as my uncle smokes pack a day in the house, drinks beer daily, and last night my cousin was at the home until 1130 pm drinking with my uncle. I strongly believe there is a lot of undue influence going on amd I know for a FACT that my grandmother pays all the bills which frees my uncle to take cruises, his kids gamble alot which he provides them money only becaise hes using my grandmother's resources to free his resources. My question is, can we have the deed revoked (it hasn't been filed yet) and what do we need to do to ensure she is protected from elder abuse in terms of smoking, drinking, and money robbery.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

Can the Deed be Revoked?

Short answer is no, I am afraid. While under KY 382.110, the deed has to be recorded to be effective against future buyers, the deed itself is effective at the time of signing between its grantor and grantee. In other words, just because he has not filed it does not mean it is not binding. If he was quitclaimed the property, then it is his now even if he did not file the quitclaim deed with the county.

A quitclaim deed cannot be "revoked."

Elder Abuse

However at the same time, someone in your situation can act to protect the elderly individual. I assume the property is 100% his and if so, he cannot be asked to move. But one can take ​legal guardianship of the grandmother and get her the help she needs and relocate her out of the property. See HERE. If no one is willing to do this but she still needs help, the county may take guardianship if it feels that she is being neglected by him. One would have to file a complaint with the Department for Community Based Services (DCBS) by calling 1-***-***-****.

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Customer: replied 1 year ago.
Thank you. You say the short answer is no. The question becomes... Is undue influence relevant here if it can be proven? We did sign but only because we thought that was what she wanted, however, when she was alone without their influence she became very upset that they were going behind her back to have the house signed over to him.
Expert:  Ely replied 1 year ago.

Thank you for your reply.

No, this is not likely to be relevant. A contract (deed included) may be voided if it is shown that the signor signed when they had mental capacity or were under serious duress. However she was neither at the time, arguably. She simply changed her mind. If he influenced her in any way by talking her into it, it is lawful provided she had mental capacity at the time.

Regardless it is presumed valid. If you wish to try to void it, you'd have to file a suit (or she would) to argue lack of mental capacity or undue duress at the time, and hope the court agrees.

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Customer: replied 1 year ago.
She didn't even have to sign it. So you're saying one of us who did sign would have to prove serious duress or mental incapacity correct?
Expert:  Ely replied 1 year ago.

Ah, of course. Apologies.

Correct. It would be the grantor that would have to prove mental duress or lack of capacity.

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Customer: replied 1 year ago.
Ok, so the family farm is also deeded out to us from her... We haven't and don't plan to ever! Half of us want to sell the farm the other half does not. Also, we have a cousin loving in the farm house in which she only has 1/15 stake. What steps do we take to initiate selling the farm?
Customer: replied 1 year ago.
Also, one of the grantor attempted suicide amd was in hospital.. He at that time was considered an alcoholic. Would that be considered serious duress or mental incapacity?
Expert:  Ely replied 1 year ago.

Ok, so the family farm is also deeded out to us from her... We haven't and don't plan to ever! Half of us want to sell the farm the other half does not. Also, we have a cousin loving in the farm house in which she only has 1/15 stake. What steps do we take to initiate selling the farm?

This seems to be a different situation all-together. If multiple owners cannot agree as to what to do with the property, any owner can file for partition, which is a suit in which the court makes a equitable decision as to how to proceed. Normally the court orders the property sold and proceeds split per ownership, or, orders the parties that do not want the property be bought out.

Also, one of the grantor attempted suicide amd was in hospital.. He at that time was considered an alcoholic. Would that be considered serious duress or mental incapacity?

No, not unless they literally did not comprehend what they were doing. Think dementia, for example.

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Customer: replied 1 year ago.
Ok, how do we file for partition?
Expert:  Ely replied 1 year ago.

This is impossible to explain via this medium, I am afraid, as this would be a lawsuit. So this is akin to asking "how do I perform minor surgery" - it is somewhat above the level of nuance I can provide via this site. I am going to provide two sample complaints for partition (not from KY however), which should explain what a typical suit for partition looks like. See HERE and HERE. It is better to use counsel, if possible.

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