Posted on: 01st Jan, 2010 12:17 pm
hi, are you still advising? my attorney brother convinced my learning disabled sister to sign a quit claim deed for her mortgage-free home in 2000 after her husband died and she was unable to pay property taxes. she lives in the home alone and no maintenance or improvements have been done to the property since in 20 years. this summer a neighbor made a complaint and the home was condemned, but my sister was able to pay for a few repairs and the condemnation was dropped. our brother is currently in financial ruin and in an advanced stage of alcoholism. he is facing foreclosure on his home and bankruptcy and refuses to seek help. he is unable to work and has multiple legal actions against him pending. he has been arrested for dui and hospitalized several times for alcohol abuse, but getting an involuntary committment is difficult in colorado where he lives. his attorney's license has been suspended for non-payment of dues and registration. my sister is now receiving survivor's benefits from soc. sec. and is able to pay her own taxes, but our brother refuses to deed the property back to her or add her name onto the deed in case something happens to him....which is very likely at this point. is there any action that can be taken to challenge the quick claim deed so that she might be protected from losing her home due to our brother's situation and refusal to help protect her? thanks for any advice you might have.
clearly the first step for you is to engage the services of an attorney - that could be one who knows of your brother's habits and foibles, or one who is completely unaware. of course, a lawyer friend of his might be a problem.
you'd like to think there' something that can be done to vacate the deed he had her sign, but since it's been 9 years, that is going to be a tough proposition. whoever this lawyer is that you pick, i hope he or she is a hard-nosed, tough, take no prisoners kind of lawyer.
from what you described, this is a horrible instance of someone being taken advantage of due to a lack of knowledge/understanding, etc. i hope you're successful.
you'd like to think there' something that can be done to vacate the deed he had her sign, but since it's been 9 years, that is going to be a tough proposition. whoever this lawyer is that you pick, i hope he or she is a hard-nosed, tough, take no prisoners kind of lawyer.
from what you described, this is a horrible instance of someone being taken advantage of due to a lack of knowledge/understanding, etc. i hope you're successful.