Force daughter-in-law to sign quick claim deed?

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Home in daughter-in-laws name due to possible divorce. My husband passed away an I have ask repeatedly for her to sign the quick claim deed, shje refuses. Is there a legal tihng i can do to force her to sign?

Attorney Answers

3
Barry Boykin ·
A few assumptions must be made to address this concern: The house was originally titled in your husband's name. You and your husband were contemplating divorce and the house was placed in the child's name to preserve the asset--perhaps fraudulently, as it appears to have been a marital asset... The question implies that the property was placed in trust where the beneficial owner was to be your husband and the daughter the trustee. There would have to be proof of the terms of the trust and that the real owner of the property remained the husband. The best way to handle this matter is to consult a lawyer experienced in family law as well as estates and trusts. A local bar association is a good place to find a lawyer referral, if you don't know one, at least for a consultation on the problem.
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Steven Fromm ·
Your facts are unclear. If the real estate has been transferred into her name, there is a completed transfer and gift that makes it her property. You cannot force her to transfer it into your name. Now if she was holding it as an agent or in constructive trust and you can prove that then you must hire an attorney to bring such an action. You need to meet with a real estate or estates attorney to discuss the details and your chances of success. Hope this helps. Please remember to designate a best answer to your question. Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is [email protected] , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is
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James Frederick ·
I agree with the other responses. It is difficult to determine exactly what was done, here. It SOUNDS like a perfect example of what can happen when people engage in do-it-yourself legal remedies. It may be possible to make some argument in court that there was a verbal agreement as to re-conveying the property, or that it should be considered a constructive trust, and that this was never intended to be a gift. You have a complicated mess and you need to retain an attorney to see what your options are, as soon as possible. James Frederick
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