Posted on: 17th Apr, 2012 05:20 pm
My father in law left the house to my husband in his will. My father in law has not passed away, but has cancer and dementia. He is in a nursing home very ill at this time. His sister doesn't not want the house to go to my husband so she had a quick claim to transfer the house to her name. How can this be done?? The paper was notarized as well. I don't know if she has a Power of Attorney. So I've been told she changed the will as well. How can she do all this when their father has had dementia for over 10 yrs now. Please help!!
Hi ggarcia,
If the quitclaim deed has been signed in the sister's favor, then she will be able to claim the property. This is because though the will has been signed earlier, it comes into affect only after the death of the owner but the quitclaim deed comes into affect immediately. However, if you have any doubts regarding forgery of the documents, you can take legal actions against the sister.
Thanks
If the quitclaim deed has been signed in the sister's favor, then she will be able to claim the property. This is because though the will has been signed earlier, it comes into affect only after the death of the owner but the quitclaim deed comes into affect immediately. However, if you have any doubts regarding forgery of the documents, you can take legal actions against the sister.
Thanks
Welcome ggarcia,
I think you and your husband should immediately contact a real estate attorney and take his opinion regarding the whole issue. He/she will guide you to know what actions should be taken in this regard.
I think you and your husband should immediately contact a real estate attorney and take his opinion regarding the whole issue. He/she will guide you to know what actions should be taken in this regard.
Thank you very much for the help. My father in law just passed away this morning. I found out his sister redid the will in 2009. I don't know what it says, but I'm sure the house is under her name in there. Its been a long road. We took him to the hospital for starvation. She was under her care and move to another state and left him there alone. If she was the loving sister who cared for her father it would have been no big deal to have the house. But she was cruel and treated him worse than a dog. Either way I'm sure we lost because of the new will. Bu yes we will speak with an attorney. Thank you both.
Hi ggarcia,
Sorry to know that your father-in-law passed away. My condolences are with you and your family!!
Yes, definitely you should speak to attorney and check out if there is a way out.
Thanks
Sorry to know that your father-in-law passed away. My condolences are with you and your family!!
Yes, definitely you should speak to attorney and check out if there is a way out.
Thanks
Thank you
You're welcome!! :)