Legal Question in Wills and Trusts in Kentucky

Legality of a quit claim deed

Mother recently lost her eldest son with whom she has lived with for the past 40 years. He was single, without children, and had suffered from a terminal illnes for the last ten years. In the last few years of his life he had became mentally encapacited. During that time he had written a will and had made oldest sister executor as well as recepient of his home. 4-6 weeks prior to his death he had quit claim his deed to her. What are the legal rights of his mother regarding her home and property within? Mother has at this time moved in with youngest daughter. Her husband, father of her children, who also lived with son passed away 21/2 months after her son.


Asked on 6/16/04, 3:23 am

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

Re: Legality of a quit claim deed

If the oldest son owned his property, then he can give it to whomever he pleases. Your mother has no "inherent" right to the property. If the deed was procured through fraud, then his heirs could seek to have it set aside. This is EXTREMELY difficult. You give limited facts and there may be additional information that a "face-to-face" conference with an attorney may bring out.

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Answered on 6/16/04, 6:49 am


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