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darrenwalk · Feb 3, 2009, 12:10 PM

I want to contest the validity of a Virginia deed adding my sister as joint tenant w/ survivorship rts to a deed with my mother which purports to bear my mother's signature . On the date of the deed my mother was comatose and unable to sign or understand anything and she died soon after. She had always spoken of my having this property with my sister having another piece of property after her death. My sister now claims both properties. Do I contest through probate court or some other court . How do I do it? Will testimony from a VA Dr. who treated my Mom that says she was mentally unable to understand business transactions at that time, help ? Thank you

JudyKayTee · Feb 3, 2009, 12:26 PM

Originally Posted by darrenwalk

I want to contest the validity of a Virginia deed adding my sister as joint tenant w/ survivorship rts to a deed with my mother which purports to bear my mother's signature . On the date of the deed my mother was comatose and unable to sign or understand anything and she died soon after. She had always spoken of my having this property with my sister having another piece of property after her death. My sister now claims both properties. Do I contest thru probate court or some other court . How do I do it? Will testimony from a VA Dr. who treated my Mom that says she was mentally unable to understand business transactions at that time, help ? Thank you

You contest it at probate. That Judge will undoubtedly refer you to another Court but while it's pending you can pretty much freeze the estate.

Who witnessed the Deed? The fact that a Physician believes she was mentally unable to understand doesn't mean that will be the determination of the Court, however. Depending on who witnessed the signing and the questions asked your mother, this could be contested.

Promises made concerning inheritances are pretty much meaningless if there is paperwork which states to the contrary.

Your best defense is that a fraud has been committed.

EDIT: LISA IS RIGHT. I AM WRONG - this is not a probate matter. I do believe the standard of proof, however, is the same.

Fr_Chuck · Feb 3, 2009, 12:28 PM

Yes you need to challenge this in probate and you will need her complete medical records and have the doctor and maybe even the nurse.
Also a log to see if she even had visitors that day.

Also you will need to require the document be examined by a hand writing expert ( at your cost of course)

And you will have to also check into who witnessed the will. And question them.

LisaB4657 · Feb 3, 2009, 12:48 PM

You don't challenge this at probate. You challenge it RIGHT NOW. All your sister has to do in order to sell the property is to present a copy of your mother's death certificate. She can sell the property today.

Get an attorney right now, have them file a lis pendens on the property (so it can't be sold) and then have them file a lawsuit. DO NOT WAIT.