Three years ago younger brother had our 90 year old Mom with dementia sign a quitclaim deed for half of her $600k house with survivor benefits upon her death. None of the three remaining siblings were aware of this action until August of 2019. He claims he didn't know there was a will and was trying to avoid probate. Her will states equal split among 4 remaining children. He claims that the property will be equally distributed per his escrow instructions upon her death and that this can be done only if the will is uncontested. He's a 20 year IRS guy. I think he's lying. Am I wrong? Older brother (Mailman) is the executor of the will, is completely inept and believing every word.
While many non-lawyers believe that a quitclaim deed transfers title, it generally does not. It only foregoes a claim to property in dispute, such as an easement.
At the time she signed, your mother's dementia may or may not have been sufficiently advanced for her to lack legal capacity to contract. Dementia is being diagnosed earlier these days.
Take the documents to a local probate lawyer for a second opinion. Without seeing them, no one can advise you.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.