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?
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
