Legal Question in Real Estate Law in Kentucky

Quit Claim Question

My husband is one of four brothers. We just found out that his mother (a widow) has deeded her farm (45 acres m/l, house, 2 barns) to the youngest son via a quit claim deed. She added a life estate to the deed. This was kept a secret from the other sons involved. She only told them after she was confronted. She assigned a value of $90,000 in the deed, which is far below fair market value. When she dies, will the other sons have any legal recourse or are they just out of luck in this case? The youngest son insists that he will ''give the other boys some money on it'', but has, of yet, refused to discuss a price. I am assume that since the quit claim was filed, he is under no legal obligation to do anything - is that correct? Any info would be appreciated.


Asked on 1/16/06, 3:18 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Quit Claim Question

If she was in her right mind and not subject to undue influence (very difficult to prove) of the younger son, then she can do what she wants. The deed would be good. The other boys might challenge it in court on the grounds that she did not know what she was doing or that the brother in the deed exerted such influence over her that she could not resist that influence. this is hard to do as well as very expensive. A lot more facts would have to be known before an idea of what kind of success might be possible.

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Answered on 1/16/06, 5:12 pm


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