Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.
My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't think my dad was even present to sign the deed (handwriting specialist was hired and found the deed to be forged). I was told this could help me get the deed changed back to dads name but he has been dead for more than 2 years now so I know probate isn't a option.. the house was supposed to be sold and the money split between the 6 of his kids before the sister did what she did.. but I don't know how we can still do this. What type of lawyer would be best for this? Can the title be put back in dads name? What would happen to the house if the title got put back in dads name but we can't do probate because it's been over 2 years?
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A: You need a real estate litigation attorney to file a lawsuit against your sister to have the deed declared void due to forgery. Do not delay. But in the meantime, if you get a whiff of the house going under contract then contact the escrow company and pointedly inform them that there is reason to believe that the last deed was forged and explain what you know, even if there is no lawsuit pending. That will put them on notice of the potential issue and they may refuse to insure. Give them such notice IN WRITING.
Gregory Christopher Poulos agrees with this answer
1 user found this answer helpful
A:
I agree with attorney Whitehurst that you must act immediately to hire an attorney. While you may certainly consult with a real estate litigation attorney I would suggest that you consider a consultation with a probate attorney that handles probate litigation. While very similar since it affects real property that probably should be administered in the probate court that would probably be more efficient.
But either way do this immediately.
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