Legal Question in Legal Ethics in Tennessee

not informed on quit claim signing

My mother recently passed leaving her house to me as joint tenants w/right of survivorship. While in her attorneys office reviewing her will which named me as the sole beneficiary of all her personal and household property, my brother suggested the attorney draw up a quit claim deed so that in the event of my death the house passed to him. As a single widow,I did so believing that the house would become his, ONLY in the event of my death (as the attorney never mentioned otherwise). I since have learned (via internet research) that the quit claim gave him equal rights to the property and that if I (we!) ever sell it, he would receive 50%. I contacted the attorney to ask If the above is true, and if so, Can the Quit Claim be revoked? His reply:''You both have equal access to the property and it can be sold with the agreement of both of you. There is a legal proceeding to divide jointly owned property. It is a partition action. I doubt this ever happening.'' I feel I was coerced and mislead at a time of grieving my mothers death to sign a document I was not fully informed of. My mothers wishes were clear that I inherit the house-by signing this deed I apparently gave 1/2 of it to my brother who now wants to sell it. What can I do?


Asked on 10/01/04, 1:04 am

1 Answer from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: not informed on quit claim signing

You essentially have a cause of action against the attorney for malpractice. He should have informed you what a quit claim deed would do. You can try to have the quit claim deed declared null and void, particularly if your brother did not give you anything of value in return. You should have named your brother as your beneficiary in your will -- that way if you died he would get the house. However, you should not have put his name on the title and given him 1/2 equity. You can allege fraud and counter sue your brother if he goes to court and tries to force a sale of the home. You might be able to reopen a probate case of your mother's will and see that the quit claim deed is nullified in conjunction with the intent expressed in the will. In the final analysis, you might have to sue the lawyer for malpractice regardless of whether the quit claim deed is declared void.

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Answered on 10/02/04, 12:27 pm


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