Charlotte, NC asked in Real Estate Law for South Carolina

Q: If someone was forced to sign their ownership and rights over for their property and land is that duress ?

Years ago my mom left me and my brother half of everything. He told me he couldn’t help me with my medical issues anymore so he told me to sign some papers for my medical to get help. I didn’t sign them until he threaten me to hurt my family so I signed the papers . Years later after he died I’m finding out the papers I signed was ownership of all my rights to my mothers shares and ownership to half of what my mother left me. Every lawyer saying it’s nothing I can do to get my part of the house and my land back but I seen a law called criminal duress law.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: There is probably no grounds to set aside the Deed. Also the SOL may have run. You might check the title and taxes. And the Mother may have not owned the property in fee simple like you assume. If there was a Will involved, it had to be Probated or had no effect.

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