Posted on: 28th Feb, 2009 10:40 am
My brother did his Will at his attorneys office, naming me as benificiary of his farm. Then he quit claimed it to me later so that I could feel safe putting a mobile home on the property now, instead of waiting till his passing. I took out a huge loan, readied the property, bought a mobile home, and now he is saying he wants the property back. He is now saying he only quit claimed it to me so that I could put a home here ( he lives in the exsisting farm house here on the property) and that now I have to give it back. I told him no. He says he will stay here and make life miserable for me and that I cannot throw him out (not that I would have). Also the property has always been rented out to a local farmer for $7000. a year. My brother states that he is intitled to that rent money and that I have no legal right to it, so the farmer writes the checks to my bro, even though I now own the property. That part is okay, I don't really care about the money, it's just the principal and the fact that he is now threatning me. Should I retain an attorney? He is lying, and stating I coerced him into giving the farm to me. I am so scared. The bank pretty much owns the property now, because of my loan. I will loose everything and go bankrupt I fear.
The farmer that I spoke of that rents the property, only rents some of the acrage to grow crop.
Hi pmuffin,
If your brother quitclaimed the property to you and the deed was notarized and recorded, then the deed is legally valid. I don't think removing you from the title and getting it back in his name would be easy for your brother. In order to do that he has to prove that he signed the deed under pressure or under false pretence. But to prove that is not going to be easy.
Thanks,
Jerry
If your brother quitclaimed the property to you and the deed was notarized and recorded, then the deed is legally valid. I don't think removing you from the title and getting it back in his name would be easy for your brother. In order to do that he has to prove that he signed the deed under pressure or under false pretence. But to prove that is not going to be easy.
Thanks,
Jerry