Legal Question in Real Estate Law in Ohio
forced quick deed claim
mother forced to sign a quick deed while in the hospital dying from cancer. her and her son have a morgage on the house and the other siblings are saying they own the house because they have the deed. can they still take control of the house when there is a lien on it? my mother in- law left my husband everything in her will. he is now the executor of everything she owns which is the house. what can we do to cancel their forced quick deed and keep our home. the other siblings took her hand and made her sign ther deed and there are witnesses to this. can you please help us. we seriously need some advice. thank you for your time!!!!!
2 Answers from Attorneys
Re: forced quick deed claim
HI,
You would need a lawyer. If everything happened as you said - exactly, then you have a fairly good chance at setting aside the deed.
It's going to take a lot of work and a lawyer.
Re: forced quick deed claim
A Quit-Claim Deed transfers whatever interest your mother-in-law had to whomever she made the deed out to, the Grantees. The mortgage lien is not extinguished by the transfer (assuming it was recorded). Your mother-in-law would have to be competent to sign the deed. There may be competency arguments or duress arguments raised to try to set aside the validity of the deed. Your husband, as Executor, would raise these issues on behalf of the Estate. You should seek the advice of an attorney to handle this.
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