Q: How do we get my name added back to the heir property.
MY mom passed in January 2018 my sister and I are only joint heirs to property and we have a filed Order determining Homestead. On February 14, 2019 my sister went behind my back and filed a Quitclaim deed signing my mom as 1st party and she being 2nd party. I was told to file a Petition setting aside the deed. I told my sister that I found out what she did. She said she was told the only way to correct this was to file another Quitclaim deed and add my name on it. Is this correct or should I just file the petition to set aside the deed?
A: Never take legal advice from a non-lawyer or another party with interest in the property. Take the deeds to a real estate lawyer to review and provide proper advice. Quit claim deeds cause more problems then they solve. Unless your sister had been appointed the personal representative of the estate she might have possibly committed fraud.
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