Posted on: 13th Apr, 2010 10:21 am
my mother wrote her will and testament last year 3/08 placing me as executor with direction on how to divide her property. i am also currently her power of attorney. My mother is 87 years old terminally ill with Cancer in the last stages of her life under high medication. She mostly sleeps, has dileriam, does not remember days, nights, names. While under my brothers care during the weekend he had my mother sign a Quick Claim deed signing over one of her properties. I truly believe this was signed under diress and with out my mother in her right mind. Is this a criminal offense my brother has commited
Hi Guest,
I will not be able to comment on the fact whether or not it would be considered as a criminal offense but what I feel is that the deed will not be considered as valid if your mother was not in her right mind. Contact a real estate attorney and take his opinion in this regard.
Thanks
I will not be able to comment on the fact whether or not it would be considered as a criminal offense but what I feel is that the deed will not be considered as valid if your mother was not in her right mind. Contact a real estate attorney and take his opinion in this regard.
Thanks
Thank you for your response. Yes, I will contact an attorney, perhaps when this is all over I will do something my mom is way to fragile to go through this blow! I am horrified by my brothers actions and the notary that allowed my mother to sign, I viewed the signature and it is so off the mark of my mothers normal signature you can tell she was pressured and in distress when signing, spelling is wrong it is jumbled and the last name written twice both wrong. I really believe something can be done just a horrible time and I want my mom to die in peace.
elder, it's pretty obvious to me that what took place isn't kosher, as well. by all means, you need to engage the services of an attorney to rectify this situation before it goes much further. it's not going to be easy to bring your brother to justice, i'm sure, but it needs to be done. i agree with you that the notary in this case ought not to have been a party to the transaction. if your mom has been diagnosed with dementia, for example, then the signing couldn't possibly have been her free act and deed, in this layman's opinion. but of course, my opinion doesn't count for so much - get a lawyer to work with you.
