Q: My grandparents willed their house to my mom and uncle. My mom quick claimed the house to my uncle, they were going to

A: Your mom has an uphill battle on her hands. After all, it appears for all intents and purposes that she gifted her share of the house to your uncle when she gave him the quitclaim deed. She probably did that without the advice of an attorney, because if it was her expectation that she receive half of the sale proceeds, that is absolutely the wrong way to do it.

Now she will have to file a lawsuit to have that quitclaim deed set aside on the grounds that either she lacked capacity at the time she signed it or it was obtained as the result of fraud or undue influence. If the reason you plan to use is lack of capacity, then she does not have capacity to file the lawsuit herself, so you need to either already have a power of attorney signed by her way in the past when she had capacity, and the POA must specify that you can file and manage litigation, or you will need to go to court to get yourself appointed as her conservator, then file the lawsuit to get the deed set aside.

A starting point might be a stern letter from a fiduciary litigation attorney to the uncle reminding him of his agreement. If that doesn't work, then you will need to follow through with the conservatorship and then litigation.

A: In addition to Ms. Whitehurst's excellent analysis, it is important for you to have an attorney review the chain of title. Some significant questions are whether probate was necessary or undertaken, whether your uncle was executor/administrator, and whether the quitclaim deed was given before or after that process. Especially under these circumstances, and legal action must be undertaken quickly. Assuming your uncle's disease is serious, your attorney will likely want to get his deposition taken promptly. If no probate was done, your mom may want to file for probate.