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    lkavlich's Avatar
    lkavlich Posts: 1, Reputation: 1
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    #1

    Jan 20, 2007, 04:40 PM
    Reversing quit claim under duress
    My father-in-law died 11/1/06 of pancreatic cancer. On 10/23/06, my brother-in-law filed a quit claim deed transferring the house from dad to himself. The signature on the deed doesn't look like dad's. Dad was bed-ridden and on a morphine drip. Of the 6 siblings, no one was aware of this until dad was buried, and we were told to "get out of my house" (dad's house). The brother-in-law is a convicted felon, There was a Will, and he was to be the executor. When asked why he did this, he said he wanted to avoid probate court. The house is the only asset at about $180,00.

    Can the will be challenged, and if so, what is the most economic way.

    Thanks.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 20, 2007, 04:49 PM
    There is no "economic" way. You need to get an attorney and file a challenge in probate court,
    chippers's Avatar
    chippers Posts: 440, Reputation: 88
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    #3

    Jan 20, 2007, 05:22 PM
    You need to file with the probate court and get an attorney. The will and deed should have wittness signatures. If he was on a morphine drip, they can testify to that. The courts can decide , and have his signature checked. I agree with scottgem
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 20, 2007, 05:47 PM
    As long as he is going to sell the house and divide the money it should not matter, if he is keeping the house then all of the family members need to hire an attorney and sue.

    The deed will have to had either a notory or a witness so have the deed checked out
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