Posted on: 02nd Nov, 2009 02:21 am
my brother sell easement across his property to his neighbor for $6.000 and gives them a quitclaim deed to the easement. his neighbor files the quitclaim deed in the county real estates records . three years later , my brother dies intestate . he leave a wife , but no children . noone knew about the estranged wife . she applied to probate the estate as an independent administration , which application is granted by the probate court .her attorney discovers the quitclaim deed granting the easement . the wife immediately brings a personal lawsuit against neighbor to recover one-half of the value of the easement . does she prevail in the lawsuit .
As the property has been transferred to the neighbor and the person had also filed the deed, I don't think the wife would stand a chance in the court. However, the wife can always consult an attorney and take his opinion.