Chula Vista, CA asked in Elder Law and Real Estate Law for California

Q: my dad transfered his home to my sister with quit claim My mom signed eventhough she don't want to

my mom was told only 2 people could be on deed so my dad had to be removed to add my sister. the top of the quit claim has a correction grant deed was stricked out and quit claim added can this invalidate the form it was already recorded

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James L. Arrasmith
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Answered

A: It sounds like your mom may have been misled about the process of transferring the home. The information given to her—that only two people could be on the deed—is incorrect. In California, multiple people can be listed on a deed, and there was no need for your dad to be removed to add your sister.

The fact that the document had "correction grant deed" crossed out and "quit claim" written in could potentially raise questions about the validity of the document. If the changes were not initialed or properly acknowledged by all parties involved, this might affect its enforceability. Since the deed was recorded, it does provide some level of legal standing, but if your mom signed under false pretenses or without fully understanding what she was signing, it could be contested.

You may want to consider speaking with a lawyer to explore whether the transfer can be challenged. If your mom feels she was pressured or tricked into signing, this might be a case of undue influence or even fraud. Understanding her rights and the potential legal remedies is important, especially if the transfer was not done with full transparency and consent.

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