how to contest a quit claim deed

smskinner2 · Joined: 15 May 2008 Posts: 2 1.84 Dollars($)

hi
when my grandfather died land was split up
one of my aunts deeded her portion my other aunt and my dad
did not my grandmother also did not
grandmother 20 acres
aunt 18 acres
aunt 18 acres
dad 18 acres (passed away)
before my grandmother passed away my aunt quit claimed
all of the land from my grandmother
but it was not my grandmothers to give
my grandmother was sick and did not know
what she was signing
my aunt told all of us my grandmother left no will
and there was nothing left and we all got nothing
i know my grandmother left a will she told me so
right after my grandmother went into a home
her house was robbed so we were told
thank you

larry · Joined: 27 Jun 2007 Posts: 2951 411.26 Dollars($)

Hi smskinner,

Welcome to the forum.

Once the quitclaim is signed it is very difficult reverse it. BTW you can prove that the deed is not valid as you have said that your grand mother did not knew what she was signing.

Contact an attorney and consult it will him. He will help you prove that the deed is not valid.

Was the deed recorded and notarized?

Best of luck,
Larry

jenkin7 · Joined: 04 Jun 2007 Posts: 887 132.55 Dollars($)

Hello smskinner,

I agree with Larry that you need to try and prove that the deed is not valid. Your grand mother was not concious what she was signing.

I think as your grand mother has died without a will the property should be distributed according to the intestacy laws in your state.

Feel free to ask the community if you have any more questions.

gmakerley · Posted: Thu May 15, 2008 5:54 am Post subject:

that original post looked more like a poem than a post, but...

okay...i suspect you will have a difficult time documenting your grandmother's state of mind at the time of the quit claim, particularly in light of her passing. perhaps you have experts available who were aware of her understanding at that time.

nevertheless, it would be sensible, it seems, for you to question the validity of that deed, in light of what has transpired since. as for her will, do you know if your grandmother had an attorney or financial expert who assisted her with its preparation? that would help greatly.

smskinner2 · Joined: 15 May 2008 Posts: 2 1.84 Dollars($)

thanks for the replies
but how can someone quit claim land thats not theres ?
my grandmother never had rights to all the land only her part
we have some more work to do on this im checking on the deed being recorded and notarized
and trying to find someone to help
i would like to give my part of the land to my kids

larry · Joined: 27 Jun 2007 Posts: 2951 411.26 Dollars($)

Hi smskinner,

Welcome back.

Only the owner can quitclaim his/her share of the property to anyone. So your grandmother may have quitclaimed only her share of the property but she cannot quitclaim your father's share of the property.

I suggest you to do a title search to know who is on the title. It will help you eradicate all the confusion.

Best of luck,
Larry

gmakerley · Posted: Sat May 17, 2008 4:18 am Post subject:

a quit claim conveys only the interest that a person has in a parcel of land. if that person has no interest whatsoever, then the conveyance is precisely that - no interest in the land. if your grandmother, for instance, was 25% owner of the property; then her quit claim deed represented 25% ownership to the party receiving the deed.

0.10 Dollars($)

Im happy to hear this
but we did a search and she somehow took all of the land
i think the problem came in years ago when my grandfather
passed the land was not split only one person took her portion
the others assumed it would be split after my grandmother passed
in that time my aunt did 2 quit claim deeds one in 91 and the other in 92
now its all hers
and by stating no will she somehow took my grandmothers portion
now she has all 80 acres of Wisconsin farm land
she lives close Minn
my other aunt lives in Fla (she dont care about this whole thing)
i live in Ga

larry · Joined: 27 Jun 2007 Posts: 2951 411.26 Dollars($)

Hi smskinner,

"i think the problem came in years ago when my grandfather
passed the land was not split only one person took her portion
the others assumed it would be split after my grandmother passed"
It seems you are totally confused. So better contact with an attorney ASAP and take his guidance. BTW have you gone to the recorder's office to find who is on the deed?

Best of luck,
Larry

Guest 0.10 Dollars($)

hi
Ok im not confused she has 2 warranty deeds one she inherited from my grandfather no date one she inherited from my grandmother in 95 and 2 quit claim deeds
one in 91 and the other 92 signed by her and my grandmother this is according to the recorders office in Wisconsin (i looked it up on line)
so i think i do need a attorney but should i get one in this state? (Ga) or
Wisconsin
and will the quit claim deeds hold up or will they find them null & void if i can prove that the land is not hers or my grandmothers to claim ?
Thank you for your help
Marc

Niicss · Joined: 03 Oct 2005 Posts: 807 118.37 Dollars($)

Hey smskinner,

I feel you should get an attorney from the state where the property is. Because the state law may defer from one to another.

So what you are saying is she has two warranty deeds which she inherited. So that is fine. And when the property was quitclaimed to her the property was not divided. So your grand mother has the right to quitclaim..... Right?

Now if your grand mother was not in the state to quitclaim then the quitclaim deed may not be considered as valid. So contact with an attorney and try to prove that the quitclaim deeds were not valid.

Let me know if you have any further queries.

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