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Can a son of the deceased force a quick claim when a deed was filed?
Over a year go, an elderly neighbor signed a deed to his house over to my brother and his wife. Mr A still lived in the home alone, with no assistance except for my brother helping him out. My brother recently was struck with cancer and passed away on 1/14/14. Mr A was so distraught over my brothers passing, that he died shortly afterward on 2/18/14. Mr A had a son that never came around but maybe 1 time every 6 months or so. My brother was always the one that carried him to his Dr visits, prepared his meals and even took care of his medications for him.. My sister- in-law received a quitclaim in the mail today demanding that she sign within the next 10 days to return the property to the son. He is claiming that his father was mentally incompetent at the time he signed the property over. Does she have any rights to keep the property?
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He can claim all he wants... but before anyone will pay attention to his assertation, he's going to be legally required to prove he was metally incompetent at some point prior to that taking place... basically medical professionals having made that determination.
Its not upon you to prove he wasn't. In fact if I was them... I'd hire a lawyer to draft a response letter to that demand. |
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Your sister-in-law should either ignore the letter or hire an attorney to draft a response telling him to peddle his papers somewhere else. As noted the son will have to prove the old man was incompetent. However, the son could drag this out. Your S-I-L should stand her ground. The son would need to have a court void the sale if he can prove his claim.
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