Legal Question in Wills and Trusts in Michigan
Quit Claim Deed Validity
My mother signed a quit claim deed on her home to 3 of her children. She was literally on her death bed. A lawyer came in and she signed a Last Will & Testament by signing an ''x'' (she was extremely ill), and she also signed the Quit Claim Deed. The reasoning for this was her one son's greediness demonstrated after the father's death.
Is the house really in our name, and can we sell without problems when she passes on? The greedy son has been rather quiet about this, so I'm wondering if heknows something the others do not.
2 Answers from Attorneys
Re: Quit Claim Deed Validity
yes, the deed is valid if signed and notarized. another question is ability to comprehend what she was signing and undue influence. contact my office for a free phone consultation to find out more. Tim Klisz.
Re: Quit Claim Deed Validity
There may be a hold up in selling the property if the son challenges the new will. Attorney Klisz made valid points when he suggested that there is a question of undue influence and competency as that is what the son will argue. The fact that she was so ill, she could not sign her full name is worrisome. There will be added support for arguments against the will if your mother was on drugs which affect her mental state. You can always come back with facts and circumstances which evidence that there were reasons to disinherit him. If you have a detailed articulation of the history, your argument will appear more credible. Preparing now so that you can be persuasive when and if he or his counsel call you will start you off on the right track. When a lawyer wants to make a winning argument, they prepare, even argue the case out loud so they can hear what it will sound like.
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