QUESTION
What can my father do to revoke the deed?
Asked on Jan 21st, 2013 on Estate Planning - Michigan
More details to this question:
My father quit deeded some land to my brother, I don't know why. My father pays the mortgage and wants to sell the property.
17 ANSWERS
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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Too late, most likely, if brother won't quit claim it back.
Answered on Feb 04th, 2013 at 11:08 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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If your father deeded the property to your brother by quitclaim deed (or any other type of deed) then he cannot revoke the deed (unless it was never recorded then he might be able to). If, he deeded the property to himself and your brother as joint tenants, he would have to have your brother's signature on any deed back to himself alone.
Answered on Jan 24th, 2013 at 8:41 PM
Not much your father can done has deeded or given the land to your brother. HOWEVER, he might be able to persuade your brother to give it back or share it with you. That completely depends upon the relationships involved in your family. But legally, if your brother has the deed and records it, there's not much that can be done, unless you can show your brother defrauded or took advantage of your father.
Answered on Jan 23rd, 2013 at 10:52 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends on how this was done. Your father really needs to see a lawyer. If this was done properly, (which generally means through a lawyer), then the deed would not need to be revoked and your father would not have given up any control of the property. If this was a do-it-yourself deed, then your father may have a huge mess on his hands, if your brother will not cooperate. A lawyer needs to take a look at the deed to tell your father where he stands.
Answered on Jan 23rd, 2013 at 12:59 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Deeds, once drafted, signed and delivered are not generally revocable. I would need the details in order to be able to form a firm opinion and therefore you should call for an appointment if you want a firm opinion.
Answered on Jan 22nd, 2013 at 11:51 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Tough luck. Your father transferred the title to the property and is now stuck with his conduct unless he can show fraud by your brother to induce your father to transfer the title. Your father has no property right in the property he deed to your brother.
Answered on Jan 22nd, 2013 at 11:51 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Not unless your brother agrees to transfer the property back to your father. Especially if your brother recorded the deed. Your father might sue for fraud, or some such, but that will be difficult if he transferred the property voluntarily.
Answered on Jan 22nd, 2013 at 11:51 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, if the deed has been recorded, then your father cannot revoke the deed. Have your father talk to an attorney about your brother making the monthly house payments.
Answered on Jan 22nd, 2013 at 11:50 PM
Unless the brother is willing to cooperate and deed back the property then bringing an action to revoke the deed is the only way to get title back in order to be able to sell. You should consult a real estate attorney to review all of the facts and documents and advise you.
Answered on Jan 22nd, 2013 at 11:50 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It's not impossible for your father to undo that deed, if he can show he was incapacitated when he did it, maybe other possibilities. Otherwise, negotiate with brother. People should never transfer their land for less than value.
Answered on Jan 22nd, 2013 at 11:49 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If deed is in your brother's name, your brother would have to deed back to him. Your father already transferred property so he has no ownership rights.
Answered on Jan 22nd, 2013 at 11:49 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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Your father is out of luck unless the other person is willing to give the property back, or you can prove that your father was incompetent (doctor's verification) when he signed the deed or he was forced to sign the deed.
Answered on Jan 22nd, 2013 at 11:49 PM
It may be difficult if your father has given the property away.
Answered on Jan 22nd, 2013 at 11:48 PM
2 Awards
Your father just clouded the title to his property. I don't know why he did it either. Quitclaim deeds are more trouble than they are worth. For your father to have rights to the property, the brother will need to deed back to the father. By the way, your father likely breached his contract with the mortgage company, so there are more problems than you may realize with this.
Answered on Jan 22nd, 2013 at 11:48 PM
1 Award
Your father no longer owns the property. He should quit paying the mortgage and let the owner deal with it.
Answered on Jan 22nd, 2013 at 11:48 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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He cannot revoke a deed that has been delivered unless it was procured by fraud, duress, undue influence or pursuant to a contract which made the deed conditional.
Answered on Jan 22nd, 2013 at 11:46 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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His son would have to deed it back to him.
Answered on Jan 22nd, 2013 at 11:46 PM