Contesting a Quit Claim deed

Real Estate 7 views 2 answers
My mother signed a quit claim deed giving me her home free and clear 4 months before she passed. At the time she was in a hosptial and though she was taking medication (some pain meds from a recent surgery) she wasn't mentally incompetent in any way and still functioned normally. Since her recent death my sister has decided to try to contest the deed making the statement that because our mother took medication that the deed is invalid. I have at least three witnesses that would be willing to say that her intentions were voluntary and all her own. There wouldnt be any medical evidence or a doctor who would be able to say that her mental state was altered. But could I potentially lose the house because she was on medication?

Attorney Answers

2
Drew Early ·
OK, this is really a dispute as to competency. You've got witnesses and you can get medical authority to opine as to the type of medication and the dosage in terms of possible impairment, if necessary. Your sister will do the same. If your sister truly contests the deed in court, expect her to do the same. If there is a finding of incompetency you may not lose the house, but will probably lose a complete interest in the home--a local real estate attorney can explain.
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John Arnold SteakleyCriminal Defense AttorneyMarietta, GA ·
So your sister is going to say that your mother wasn't competent. You are going to say that she was. You will spend $$ and subpoena witnesses to support your side. Your sister will do the same. If Mom was competent, the Quit Claim stands. If Mom was not competent, then it's void. You're both going to spend tens of thousands of dollars to sort this out, so the property had better be worth the fight. Let me note something that your sister will point out: The one type of witness that you DO NOT claim to have is an attorney who was present at the signing of the deed. (Did you even have an attorney draw up the deed, or did you do it from a form?) Your sister will say that if your mother was competent and wanted this to happen, you could have informed your sister, gotten an attorney, and did this transaction "in the light of day" rather than privately slipping a Quit Claim deed into a dying woman's hands. So yeah, you need a lawyer.
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