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Can a person get a quit claim deed if one of the parties is…

Can a person get...

Can a person get a quit claim deed if one of the parties is mentally incapacitated in Massachusetts?

Lawyer's Assistant: Have you talked to a MA lawyer about this?

No

Lawyer's Assistant: What steps have been taken so far?

A family member who has power of fattourney has redone a will and had a quit claim deed done on the property I own jointly with my mom

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Do I have any recourse?

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Answered in 3 minutes by:
3/27/2018
KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 2,126
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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G​ood morning. I am a legal expert who will assist you today. Please give me more details. Who is on the deed and who in incapacitated?

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Customer reply replied 25 days ago
My mother Shirley Page and myself David Page are on the deed. My mother has become mentally incapacitated
The original deed was that I would get the house in the event of her death, should I preceded her in death all would revert back to her.
It is my sister who has placed a quit claim deed.

O​k. Is your mother in Massachusetts also?

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I am working on your answer.

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Customer reply replied 25 days ago
I would say call but my phone reception can be erratic

Its fine. I will type your answer.

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Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

In Massachusetts you could dispute this new will and property transfer on the basis of fraud, duress, or undue influence, or that she lacked capacity to sign.

You would need to prove that she was acting under duress due to her illness at the time she executed the deed such that its execution was invalid in order to prevail.

Proving that she lacked capacity to transfer the property based upon her failing health and mental faculties may not be that difficult since you have medical records tending to show her health.

So, you could challenge the transfer of the deed and the new will signing, but but it's a very high standard, clear and convincing evidence. If you feel you have the proof necessary, then you certainly can bring a suit challenging the transfer even before she passes away.

This is a very complicated action to file and you would need to hire a local attorney to file and pursue the action in court against your sister.

I hope this helps.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. We as attorneys are not employees of Just Answer and are not paid unless you rate the question. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

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Customer reply replied 25 days ago
Thank you for your help

You're welcome. Please don't forget to rate the question.

KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 2,126
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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