Legal Question in Wills and Trusts in New Jersey

Re: Possible undue influence?

Your question does not lend itself to an easy answer. In general, any competent person can convey his own property at any time prior to death. It appears that the father could transfer his interest in the property, by quit claim (not quick) deed to anyone he wants to. But this would transfer only his interest, not his wife's. Also, there may be an issue as to whether he can do that at all. A careful review of the facts is necessary before any adequate answer can be given. Keep in mind that this advice is based purely on the little bit of information that you have given to me. Let me be clear that there are many other factors that would make your answer different. Also, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Re: Quick claim deed

Unless you can show fraud, incompetency or undue influence, the Deed may be valid. Was there any reason that the property was deeded to this son - like he had advanced funds to his parents or paid bills for them? If it was just fraud or undue influence, you might be able to get the property back into the estate. Was a guardian appointed for the mother, due to her incompetency? If so, the guardian might join in the suit to recover. Is the mother in a nursing home? This may have been done to protect the property from a claim by or denial of medicaid benefits for the mother. More facts are needed for a proper reply. What has the brother said about splitting the value of the property among the children?