Bay City, MI asked in Real Estate Law and Probate for Michigan

Q: I want to challenge a quick claim deed my brother had done and during this time my mom was sick in hospital

My mom did a lady bird deed for me conveying the house to me since. 2018-2022 and my brother changed it when she was sick how can I challenge the deed my mom couldn’t sign her name no more like it was on the deed my brother done

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Knoxville, TN

A: Hire a competent MI attorney to reform the deed and quiet title in the correct grantees. You will not be able to prosecute what is basically a declaratory judgment action.

Kenneth V Zichi agrees with this answer

Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: I concur, but not just a 'Michigan' lawyer, but one in the area where the house is located. Michigan as you know, is not a 'small' state -- an attorney in Houghton will not be of much help in a dispute in Saginaw, Bad Axe, Traverse City or Grand Rapids, and one in Detroit can't help with any of those places realistically.

BUT before you seek a lawyer, seek out proof of your allegations. Is there a doctor who can testify (get it in writing!) that your Mom was unable to understand what she was signing at the time of the second deed? Do you have some other proof of 'undue influence' or 'coercion'? Do you have some intrinsic evidence your Mom did NOT change her mind and want to undo the 'ladybird' deed (which is something people sometimes do!)? Other than YOUR 'conviction' that mom wouldn't do that, do you have any proof in other words?

These kinds of cases are never easy or inexpensive and unless you quickly can document your suspicions you are likely spending a lot of money on what will not succeed. Once you have some sort of proof, including copies of both deeds and any other relevant documents (like property transfer affidavits from the township/city) THEN seek out a local licensed real estate / probate attorney to review things and provide you an idea of what to expect and what it will cost.

Good luck,

Anthony M. Avery agrees with this answer

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