Legal Question in Elder Law in California

contesting a quitclaim deed

I have a problem with my sister. In May 1997 my mother suffered a massive stroke which left har partially paralzed and partially blind. My sister offered to care for her and my brother and I would watch Mom on the weekends to give my sister a break. In November 1997 my sister placed her in a nursing home. She passed away in 2000.

The problem: My mother told all 3 of her children that she had a will which divided her home equally to the 3 of us. But just recently I found out that there was a quitclaim deed filed in July 1997 recorded that puts the house in my brothers and sisters name only. My brother told me that my sister had the quitclaim deed prepared so there would be no taxes when Mom passed away. When he questioned why name was not on there she said that her attorney said it gets to compliaced if more than 2 names are listed, but she assured him that everything will be split 3 ways when the time comes. Well the time has come to sell the house and now she says that since she has the quitclaim deed she wants 50% of profits and my brother and I can split the other 50%. Now she has a new story that my Mom wanted me disinherited. My brother and I don't believe this and we want to contest. How can we do this?


Asked on 8/17/04, 4:35 pm

2 Answers from Attorneys
Joel Selik www.SelikLaw.com

Re: contesting a quitclaim deed

there are many things to consider, including legal malpractice. I doubt any of this can be done without an attorney.

JOEL SELIK

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Answered on 8/18/04, 11:19 am
Scott Schomer Schomer Law Group

Re: contesting a quitclaim deed

You either have to negotiate a solution, or file an action (or lawsuit) challenging title to the home. Depending on the circumstances, you may file the lawsuit in a probate proceeding, or in the main civil court. You can allege various causes of action including partition, quiet title, fraud, rescission and other claims based on lack of capacity or undue influence.

You should consult an attorney as soon as possible before your sister does something with the property.

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Answered on 8/17/04, 5:42 pm


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