Q: How much time do we have in Georgia to challenge a quit claim deed made because of constant duress?
Elderly mother signed quit claim deed of 5 acres of land and small 30 year old mobile home, to adult and oldest of 3 total siblings, to protect it from pending lawsuit. The property was all she had in the world & wanted to make sure she could keep,being her only place to live. One sibling (youngest daughter), continuously harassed and bellowed at mother for this decision. Once lawsuit was dropped, son returned (also via quit claim deed) property to mother, who at signing wanted placed in only 2 of Childs’ names. He refused, if his older sister couldn’t be placed on it as well. Son decided he would give back to only the mother if all three siblings weren’t on it, as requested by father upon death. Two weeks later, youngest daughter coerced mother into signing it to her, as well as putting her on bank account. In 9 months time, daughter & grandsons had stolen over 10k in funds from mother threatening nursing home constantly if she reports & don’t care for her as promised in weeks prior.
A: If that Daughter also got a power of attorney from the Mother, then she was and is a fiduciary. If so, any and all transfers of principal's property to the attorney in fact are presumptively fraudulent. If no poa, then you will need good evidence of fraud with witnesses, and you probably do not have standing. Most likely Mother must be the plaintiff in any suit, which needs to be instigated now by her hiring a GA attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
