Can my mother's siblings go to probate court for the land that was quit claim deeded to my mother? 14 Answers as of July 26, 2013

My mother was the primary caregiver for my grandmother until she passed. My grandmother's land was quit claimed deeded to my mother. My mother's siblings want to go to probate court to take the land from my mother.

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Law Office of Thomas C. Phipps | Thomas C Phipps
They can file a case in probate court. It will be up to a judge to determine who will wind up with the property.
Answer Applies to: Missouri
Replied: 7/26/2013
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Sure, that is a possibility. Your mother should seek legal counsel. There could be greater liability than just returning the land. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answer Applies to: Nevada
Replied: 7/25/2013
Frederick & Frederick PLC | James P Frederick
Can they do so? They can try. Whether they are likely to win or not depends on the circumstances surrounding the deed. You have not shared enough facts to determine if they have any kind of case.
Answer Applies to: Michigan
Replied: 7/25/2013
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
Assuming that the Quit-Claim Deed was properly executed, a probate court could not interfere with the transfer absent a finding of fraud. Unless the siblings could prove that your grandmother did not have the mental capacity to know what she was doing when she signed the deed, the probate court will not interfere.
Answer Applies to: Minnesota
Replied: 7/25/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Be sure to obtain a probate litigation attorney for your mom to defend her in the possible action her siblings are contemplating. If the deed transfer was free of menace or duress or fraud at the time of execution by your grandmother to your mother, then the deed will stand up in court. Do not let your mother be pressured by her siblings.
Answer Applies to: California
Replied: 7/25/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Sure, they have the right to their day in court. If grandmother had legal capacity when she signed the deed transferring property to your mother, then the siblings don't have much of an argument.
    Answer Applies to: Oregon
    Replied: 7/25/2013
    Danville Law Group | Scott Jordan
    Yes they can go to court and seek a rescission of the quit claim deed. The basis for the rescission is heavily fact dependent. Your mother should consult with a probate litigation attorney.
    Answer Applies to: California
    Replied: 7/25/2013
    Gates' Law, PLLC | Thomas E. Gates
    Since the land was Quitclaimed to your mother, she is the legal owner now. The siblings will need to show that the grandmother had undue influence or some other basis that would void the transfer. Since the land was transferred before she died, the property is not probated since it is not the estate's property.
    Answer Applies to: Washington
    Replied: 7/25/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    Unless there's a factor which is undisclosed in your inquiry, going to probate court will be a waste of time and expense by her siblings. A person has the legal rights to give such property to whomever she chooses. Unless the sibling are able to prove lack of mental capacity of your mother or undue influence on her signing of the deed, it appears to be simply a threat from her siblings.
    Answer Applies to: Florida
    Replied: 7/25/2013
    Martin Barnes - Attorney at Law
    Martin Barnes - Attorney at Law | Martin Barnes
    If your mother's siblings believe they have a claim to the property then probate court is a likely place to submit and resolve the claim. Your mother will want to meet with an Indiana attorney to protect her interest in the property.
    Answer Applies to: Indiana
    Replied: 7/25/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Your Mom's siblings can file what they want in Probate Court. Their chances of success cannot be assessed from the information you provide or on the internet.
    Answer Applies to: Colorado
    Replied: 7/25/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    They can bring a claim but will have to prove a wrong occurred causing the transfer.
    Answer Applies to: Michigan
    Replied: 7/25/2013
    James Law Group
    James Law Group | Christine James
    They can if they believe the transfer to your mother was the product of undue influence or your grandmother lacked capacity when she signed it.
    Answer Applies to: California
    Replied: 7/25/2013
    Strickland Law, PLLC
    Strickland Law, PLLC | Jeffrey S. Strickland
    Yes. Most likely they will seek to have the deed rescinded due to fraud, undue influence or duress. Your mom needs legal counsel.
    Answer Applies to: Tennessee
    Replied: 7/25/2013
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