Franklin, TN asked in Elder Law for Tennessee

Q: My Uncle was pressured into signing a quitdeed to a "friend" while my Uncle was heavily medicated and in a nursing rehab

He now has his strength back and claims he does not remember the attorney coming to the nursing facility but remembers constantly being pressured to sign his property over prior to rehab. My uncle is 83 years old and never wanted to sign his property over to anyone. What can he do to reclaim his deed that was signed under duress.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: How much Property is involved? Failure of Consideration and Fraud may be factors as apparently he has not been adjudicated incompetent. Was the attorney the draftsman and notary? Many facts and whatever witnesses are available will have to be put together. Time is a serious factor, especially if the SOL has run or Latches have accrued. A Title Search and a Notice Lis Pendens, in addition to the Complaint in Chancery need to filed yesterday. You will need a very competent attorney and it will be difficult.

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