Atlanta, GA asked in Real Estate Law, Elder Law, Probate and Social Security for Georgia

Q: How much time do we have in Georgia to challenge a quit claim deed made because of constant duress?

Elderly mother signed quit claim deed of 5 acres of land and small 30 year old mobile home, to adult and oldest of 3 total siblings, to protect it from pending lawsuit. The property was all she had in the world & wanted to make sure she could keep,being her only place to live. One sibling (youngest daughter), continuously harassed and bellowed at mother for this decision. Once lawsuit was dropped, son returned (also via quit claim deed) property to mother, who at signing wanted placed in only 2 of Childs’ names. He refused, if his older sister couldn’t be placed on it as well. Son decided he would give back to only the mother if all three siblings weren’t on it, as requested by father upon death. Two weeks later, youngest daughter coerced mother into signing it to her, as well as putting her on bank account. In 9 months time, daughter & grandsons had stolen over 10k in funds from mother threatening nursing home constantly if she reports & don’t care for her as promised in weeks prior.

1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: If that Daughter also got a power of attorney from the Mother, then she was and is a fiduciary. If so, any and all transfers of principal's property to the attorney in fact are presumptively fraudulent. If no poa, then you will need good evidence of fraud with witnesses, and you probably do not have standing. Most likely Mother must be the plaintiff in any suit, which needs to be instigated now by her hiring a GA attorney.

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