QUESTION
Can my mother's siblings go to probate court for the land that was quit claim deeded to my mother?
Asked on Jul 24th, 2013 on Estate Planning - Tennessee
More details to this question:
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.
11 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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They can file a case in probate court. It will be up to a judge to determine who will wind up with the property.
Answered on Jul 26th, 2013 at 7:11 AM
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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.
Answered on Jul 25th, 2013 at 8:18 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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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.
Answered on Jul 25th, 2013 at 8:13 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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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.
Answered on Jul 25th, 2013 at 2:31 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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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.
Answered on Jul 25th, 2013 at 1:03 PM
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.
Answered on Jul 25th, 2013 at 11:07 AM
Thomas Edward 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.
Answered on Jul 25th, 2013 at 10:44 AM
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.
Answered on Jul 25th, 2013 at 9:55 AM
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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.
Answered on Jul 25th, 2013 at 9:51 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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They can bring a claim but will have to prove a wrong occurred causing the transfer.
Answered on Jul 25th, 2013 at 9:38 AM
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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Yes. Most likely they will seek to have the deed rescinded due to fraud, undue influence or duress. Your mom needs legal counsel.
Answered on Jul 25th, 2013 at 9:09 AM