Q: Father dies, I am granted power of attorney. I try to sell the house and find there is a fraudulent quitclaim deed.
I believe that if indeed my father signed the deed, it was during a time in which he not of sound mind and able to do so; one month prior to his death. The quit claim deed was notarized, however when checking the books, my fathers signature was not there. There is a small mortgage left on the home and has been unpaid up until now- leaving 50 days until foreclosure. There is a cash buyer wanting to purchase the home, hower the title company is releasing the title as there is a "cloud on the title". What shall I do?
A: I recommend speaking with a probate attorney. It appears that you may need to open a probate for your father's estate and then, when a personal representative is appointed, the PR can address the issue of the wrongful quitclaim deed. A quiet title action may be needed. This will need to be investigated by your 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.
