quit claim

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My mother has had Alzheimers since 2002 and I have been her legal POA. In 2005, my sister had my other quit claim her property to her although my mother's will named all heirs to have equal rights to the property. The family did not know my sister had the quit claim deed completed. What shall we do at this point, my mother is not competent at this time.

jameshogg · Posted: Sun Feb 03, 2008 10:17 pm Post subject: RE: quitclaim issues

Hi Karen,

Welcome to the forums.

Did you mean that your sister quitclaimed property to herself without even informing you all and inspite of the fact that there were others to get the share of interest?

Were your sister on the title along with your mother? If so, then she should have asked your mother or you (since you are the legal POA) to sign on the quitclaim deed. This is because your sister is the grantee here. The grantor needs to sign on the deed to make it effective.

I don't think this is a valid transfer. regarding the Will and other heirs, well, they will receive the property only after your mother's death. So, they don't have a say here. Whoever is currently on the title has to deals with this issue and can confront the sister as to why she did it and then ask her to reverse back the deed or else being the legal POA, you can take some legal action.

Thanks

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 Dollars($)

Hi Karen,

Reversing the quitclaim deed is very difficult. You will have to prove the deed was invalid. But as the quitclaim has been done when your mother was not well, so I think that you may be able to reverse it. You should talk to her regarding this. If she does not agree, you should legal action against your sister.

Feel free to ask if you have any further questions.

Best of luck.
Larry

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