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help if possible

Posted on: 21st Dec, 2010 05:21 pm
my mother did a quitclaim deed with my brother, even thought it was not her attention for him to get the entire property for himself. he is unemployed and needs $ so is claiming mom gave it all to him. do i have any rights? or does it all go to him? her will leaves me and my two brothers as the executor of her estate... he home burnt down and she perished in the fire... it's all a horrible mess and i'm not sure of my rights now.
sorry, the property is in the state of washington, spokane.
Posted on: 21st Dec, 2010 05:22 pm
Hi tda,

If your mother's will mentions you as one of the beneficiary of the will, then you will be able to claim your share of the property after the probate is over.

Thanks
Posted on: 21st Dec, 2010 08:01 pm
if your brother has a quit claim deed that was properly executed (signed by your mother in the presence of a notary according to the laws of your state) and he records that deed then he owns the title to the house. you and your two brothers will still be executors over her estate, however the house will no longer be part of her estate if the quitclaim deed was done properly and recorded. if your mother was very ill, had alheimer's/dementia or some health issue that made her incompetent you may be able to challenge the validity of the quitclaim deed. you will need to get an attorney and you all would have to express your mother's intent and that she was in no mental state to make the decision to sign the quitclaim deed. you may also raise up the issue that maybe she was coerced or presured into signing if you feel that's the case. was there any hazzard insurance on the house. if so the checks for rebuilding and the contents of the house will come "in the estate of" then you mother's name. only the executor's could cash them. you may want to use this as leverage with your brother to share the house with you all as he can't get it rebuilt unless he has a hazzard policy in his name.
Posted on: 24th Dec, 2010 05:51 pm
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