Posted on: 20th Jan, 2007 03:21 pm
my father-in-law died 11/1/06 of pancreatic cancer. on 10/23/06, my brother-in-law had dad's house quit claimed to himself. of the six siblings, none of us knew until dad was buried. my brother-in-law is a convicted felon. the signature on the quit claim deed does not look like dad's. dad was a a morphine drip and close to death.
can this quit claim deed be challenged and/or reversed. when we asked why he did this, he said to avoid probate court (house is the only asset). there is a negative tax consequence becuase of this. any thoughts?
[color=white:cd1d76f5fb].[/color:cd1d76f5fb]lkavlich@adelphia.net
can this quit claim deed be challenged and/or reversed. when we asked why he did this, he said to avoid probate court (house is the only asset). there is a negative tax consequence becuase of this. any thoughts?
[color=white:cd1d76f5fb].[/color:cd1d76f5fb]lkavlich@adelphia.net
Hi Lkavlich,
My condolences on the loss you have suffered from the demise of your father-in-law.
Regarding the quit claim deed, you will have to prove that your father-in-law signed the deed under threats and pressure from your brother-in-law and it is invalid.
Colin
My condolences on the loss you have suffered from the demise of your father-in-law.
Regarding the quit claim deed, you will have to prove that your father-in-law signed the deed under threats and pressure from your brother-in-law and it is invalid.
Colin
As you are saying that the signature on the deed do not seem to be your father-in-law's, if you file a case, chances are that when court makes proper check about validity of his signature it will be proved that the signature is not his.
Your brother-in-law has a history of conviction, which would also be an important consideration while decision is made on the validity of the deed.
Your brother-in-law has a history of conviction, which would also be an important consideration while decision is made on the validity of the deed.
Hi lkavlich,
Welcome to forums.
In general, it is not easy to reverse a quit claim deed. It can only be reversed only if one can prove the deed was signed under force or threats. But in your situation, this is not possible.
I don't think he has done this just because he wanted to avoid probate court. I think it will be better if you consult an attorney as to how you can prove that the quit claim deed is invalid.
Thanks,
James.
Welcome to forums.
In general, it is not easy to reverse a quit claim deed. It can only be reversed only if one can prove the deed was signed under force or threats. But in your situation, this is not possible.
I don't think he has done this just because he wanted to avoid probate court. I think it will be better if you consult an attorney as to how you can prove that the quit claim deed is invalid.
Thanks,
James.
Back in 1986 my Mother quit claimed her house in florida to Myself and my brother, I never new it was done until 3 months ago. Got a letter from a lawyer that if i do not quit claim it back to her that they were going to start a law suit. The letter said that by testimony supported my brother that if she ever wanted the house back we would sign it back to her. This is a untrue statement, ( if it went to court my brother would perjurer himself. Again i found out that the house was it my name a few mmonths back when they tried sell it and i can prove it. Thank you John S
John, this seems to be confusing. You did not know that the house was quit claimed to you.
Neither do you have a copy of the deed through which property has been transferred to you. I think you should consult an attorney. He can advise you on what legal action you should come up with.
Neither do you have a copy of the deed through which property has been transferred to you. I think you should consult an attorney. He can advise you on what legal action you should come up with.
Adonis
I put my my Mother in a nursing home in Jan 1, 2006 and I was power of Atthorney for the last 20 years. Some how my brother got her to change it to him. The doctor's told me she could not live a lone any more. (she had a problem(remembering anf falling down) She asked me to sell the house and when In found a buyer, thats when i found out about the quitclaim deed to me and my brother back in 1986. My brother refued to sign the contract, thats how I found out. When I listed the property I had listed it her name, if i knew about the quitclaim deed im would have went to my brother and asked permission to sell the house. I am a real Estate sales person. She lived in the house for the past 30 years and she never told us anything about it. We are joint tenants with the right of survivor-ship, reserving a life estate to my Mother, who has sinces moved from Floridia to Conn. to a nursing home. SHE CANNOT LIVE BY HERSELF ANYMORE.
I put my my Mother in a nursing home in Jan 1, 2006 and I was power of Atthorney for the last 20 years. Some how my brother got her to change it to him. The doctor's told me she could not live a lone any more. (she had a problem(remembering anf falling down) She asked me to sell the house and when In found a buyer, thats when i found out about the quitclaim deed to me and my brother back in 1986. My brother refued to sign the contract, thats how I found out. When I listed the property I had listed it her name, if i knew about the quitclaim deed im would have went to my brother and asked permission to sell the house. I am a real Estate sales person. She lived in the house for the past 30 years and she never told us anything about it. We are joint tenants with the right of survivor-ship, reserving a life estate to my Mother, who has sinces moved from Floridia to Conn. to a nursing home. SHE CANNOT LIVE BY HERSELF ANYMORE.
John, I can feel it's too hard for you. I shall surely pray for your mother's health.
If your brother has got your mother to hand over the power of attorney to him, then you may consider filing a case against him. The local court will then review what he has actually done and take necessary action against it.
This is just a suggestion from my end John. I am not a legal professional, so may be I am not aware as to whether you can file the case. It is better if you consult an attorney.
If your brother has got your mother to hand over the power of attorney to him, then you may consider filing a case against him. The local court will then review what he has actually done and take necessary action against it.
This is just a suggestion from my end John. I am not a legal professional, so may be I am not aware as to whether you can file the case. It is better if you consult an attorney.