Legal Question in Wills and Trusts in Virginia
Challenge ''fradulently granted'' title
my father died a year ago on Labor Day. I recently found out that my half sister submitted to the Suffolk County Virgina clerks office (almost ten years ago)a notice presumably with my father's signature giving her sole onership over the property.
however, up until his death my father is the only one who recieved monies for the selling of timber, etc.
my father did not read very well and definetely would not have given away his land or disinherited his other child. How do I seek to quiet or challenge the validity of the existing title?
1 Answer from Attorneys
Re: Challenge ''fradulently granted'' title
You claim that your father "disinherited his other child"(meaning you, presumably)but have not clarified whether there even was a will nor whether his property was distributed mainly by non-testamentary transfers(outside of a will) such as through jointly held accounts, life insurance, quitclaim deed etc., and whether most, if not all of these distributions, went to your half sibling.
If your father's land was passed to your half sister some ten years ago, it most likely happened via a quitclaim deed which required his
signature followed by a proper recordation in the land records division of the circuit court where the property is located. Has anyone examined this conveyance and determined whether the required signature is even a valid signature?
There are many facts which need to be clairifed
in order to respond reliably to your question but
to challenge a conveyance of property after 10 years and after the grantor's death would present quite a formidable legal challenge.
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