Legal Question in Wills and Trusts in California

Is it true that in a quit claim that was in property was signed over to another relative is not legal if that person was ill for a period shorter than 2 years?


Asked on 6/20/10, 4:38 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

I think you are thinking of the voiding of a gift as being a gift in contemplation of death. that has nothing to do with how the gift is given, so it would not matter if it were a quit claim or sale of the property. If the person was so ill so as not to know what they were doing, then the transfer would be voidable, but not because of their being a relative or how long they had been sick.

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Answered on 6/20/10, 10:14 pm
Anthony Roach Law Office of Anthony A. Roach

No. The fact that it was a quit claim is irrevelant. What Mr. Shers refers to is what is known as a "Gift Causa Mortis." Gifts causa mortis are revocable, and involve situations in which the grantor believed in good faith that they were going to die, gave away property in expectation of death, and then recovered from an ailment.

When there is a deed involved, the grantor claiming a gift causa mortis, runs up against a presumption that a deed absolute on its face is what it purports to be. You may be referring to something someone told you about grant deeds, which creates a presumption that it was supposed to pass fee simple title. "A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears fromt eh grant that a lesser estate was intended." (Civ. Code, section 1105.)

I suggest you speak to an attorney, because it sounds like you may have done something that you now regret. If this is true, there are time limits for you to seek relief through the courts.

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Answered on 6/21/10, 8:40 pm


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