Legal Question in Real Estate Law in California

Re: My son had my daughter sign a quick claim on property they inherited together

Legal incapacity, as suggested by the previous reply, in one viable theory. I believe there are at least two other theories upon which the quitclaim deed can be set aside.

The first of these is "undue influence," a condition that arises when the benefitted party to a transaction is under the "mental sway" of a confidant, caretaker, or other person in a position to make inappropriate and convincing arguments about a proposed trasnaction in which the advisor is a benefitted party.

The second theory is breach of confidential relationship. I wound need to do further research to determine whether this particular brother-sister relationship was close enough to involve the fiduciary duties associated with legal confidential relationships, but it certainly could fit the species, in which case requesting and accepting the deed could actually be a constructive fraud.

In any event, if the facts would make a judge or jury sympathetic that a wrong has been committed, as sounds likely, the case is probably winnable under one theory or another. Deeds given without payment of a fair price are always suspicious.

Re: My son had my daughter sign a quick claim on property they inherited together

If your daughter's unfortunate condition was medically/clinically documented, in such a way that she had no legal mental capacity to make such a deed transfer, then the quit claim deed transfer could be set aside, thus restoring her full rights. If you would like prompt, affordable legal assistance in this timely matter, contact us directly today for a free phone consultation.