Posted on: 05th Apr, 2013 04:50 pm
My Father in Law passed away in 2010, his name was the only name on the deed. Recently his spouse signed over the property to her son-in- law with out consulting with the five surviving children, Can this Quit Claim be challenged, so the wishes of there father be carried out as to all children will receive a equial share of the proceeds after sale. At the present time the sun-n-law olans to sell the property a keep the entire money generated from the sell. for his own use, The surviving children will receive nothing. My father in law loved ALL his children unconditionally, and would never stand for the actions of his spouce. Can the caoim be challanged.
Yes, it can be challenged ... what did his Will or Living Trust say? If he didn't have either of those, it can be challenged when his Estate is Probated.
Hi Joe,
I agree with what Raymond has said. You can contact a local real estate attorney and check out what actions you need to take in order to challenge the deed.
Thanks
I agree with what Raymond has said. You can contact a local real estate attorney and check out what actions you need to take in order to challenge the deed.
Thanks
In most states, there is a period of two years following the deed's filing date during which the quitclaim deed can be contested. If either the grantor or grantee wants to challenge the validity of the quitclaim deed, the challenge must be made during this time period. Otherwise, a statute of limitations will go into effect, and the deed's validity may no longer be contested. In California, the statute of limitations is five years. Any challenge to the quitclaim must be based on either a procedural error or on undo duress.