Quit Claim Deed

5 Replies

If a sibling had now deceased parent sign over property to them, without the consent of other family, is there any legal recourse? It happened in 2011 and the house is now on the market. Mother subsequently went into nursing home because of dementia and passed away. 

You need to talk to a lawyer.  An owner doesn't need "consent of other family members" to sell something, if those people are not on title.

The mother had begun her dissent into dementia by that time. The son thought his sister was having a power of attorney for health reasons notarized. 

@Michelle Bey-Williams

You will definitely want to meet with a probate or estate planning attorney in your area. Laws involving the transfer of wealth are state specific, although there are some general principles that apply across the board.

On its face, your situation appears to be one of fraud, or undue influence, but that is just with the fact you gave.

Keep in mind that this communication does not in any way create an attorney/client relationship, and that anything I say is for general purposes only.

@Randall Floyd I'm guessing you were admitted to your state bar in the last 12-24 months?

OP is too economical with the facts. I've been around many cases with alleged elder abuse and competency of grantor/transferor. Always tough to prove after the fact as dementia is a progressive moving target. Also, snap periods of time often don't give accurate portrayal of facts at time of signing. 

POA's only function to convey title of a competent person and cease to be effectual upon any interruption of capacity.

Most of our cases were proven based on self-serving nature of the transfer with a transferor having diminished capacity and a bad kid or caregiver. 

Originally posted by @Rick H. :

@Randall Floyd I'm guessing you were admitted to your state bar in the last 12-24 months?

I'm impressed. I didn't realize it was so easy to gauge my bar admission age. It will be 24 months this coming October. 

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