Legal Question in Real Estate Law in Alaska

signing papers under duress

when my father died,my brother had my mom sign a quick claim deed of her property over to him,in case there was any leans againest it when my dad died.He did this less then a month after my Dad died. He made her feel this was the best way of not loseing her place.Since then,there are no leans or money owed on it,but she wants to put it back in her name,but he refuses to sign it back to her.We feel he made her sign this deed while she was under duress,also he was to look out for the best interest of my mom and farm,and we found out he did not pay the property tax's and the place was put in the paper for none payment.Also he is not keeping the upkeep on the house,and my mom is forced into shareing her home with him,his wife,child and 4 cats and 3 dogs that live in the house.Is there anyway she can get her place back?My Mom and dad work4ed so hard to keep there home,and now my brother wants to take it all away from her.Please help us were you can.


Asked on 6/03/04, 6:19 pm

1 Answer from Attorneys
James Szender Law Office of James R. Szender

Re: signing papers under duress

It is impossible to say for sure without knowing a lot more information about the transaction and how the property was held prior to your father's death, however based only on what you wrote, it appears that your mother may have adequate grounds to void the quitclaim deed to your brother and get the property back.

She should consult an experienced real estate attorney right away to obtain a complete opinion, as any delay in pursuing her rights may hurt her chances in court.

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Answered on 6/03/04, 7:08 pm


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