Palm Bay, FL asked in Real Estate Law, Elder Law and Probate for Florida

Q: Ok, my brother did a quitclaim deed stating my mother signed. My mom was in the hospital on hospice on a vent. Help.

Is it legally binding? The signature of my mother is forged since she was incapacitated and not able to agree to this? What are my options to rectify this?

2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Crossville, TN

A: You need an attorney to petition a court to set aside the deed based on forgery or duress or undue influence or lack of capacity.

2 users found this answer helpful

James Clifton
James Clifton
  • Estate Planning Lawyer
  • Fayetteville, GA
  • Licensed in Florida

A: In addition to requesting the court set aside the fraudulent deed, you could also ask for an order to quiet title. If your mother is still living and now capable of making decisions in her own capacity, she will need to bring the action herself. If your mother is still living and now incapable of making decisions in her own capacity, a guardian/conservator will need to be appointed to bring the action on her behalf, of if she previously appointed a power of attorney, the person appointed would be entitled to file the lawsuit. If your mother has since passed, you, as her heir, will be able to challenge the transfer as a beneficiary of her estate. Schedule a free consultation to go over all of the possible scenarios so you take the correct action.

Anthony M. Avery agrees with this answer

1 user found this answer helpful

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