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  1. #1
    Join Date
    Aug 2015
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    1

    Default How to Challenge the Grant of a Quit Claim Deed

    My question involves estate proceedings in the state of: Indiana
    Our Mother had a well documented will done when she was in good mental health. One of the beneficiaries filed a quit claim deed years later when she was not in good mental health (memory loss) and claimed the entire estate. The other heirs want to contest this deed and use the original will. Where do we start?

  2. #2
    Join Date
    Apr 2009
    Posts
    757

    Default Re: Contesting a Quit Claim Deed when a Will Esisted

    You start with retaining an attorney - one with experience in probate/estate matters.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,534

    Default Re: Contesting a Quit Claim Deed when a Will Esisted

    Quote Quoting ejluzar
    View Post
    My question involves estate proceedings in the state of: Indiana
    Our Mother had a well documented will done when she was in good mental health. One of the beneficiaries filed a quit claim deed years later when she was not in good mental health (memory loss) and claimed the entire estate. The other heirs want to contest this deed and use the original will. Where do we start?
    Huh??? there is all sorts of wrong in that.

    One does not "file a deed" unless the owner of the property creates a deed where they are considered the grantor so,

    did the owner create a deed whereby they were the grantor and this beneficiary the grantee? If so, when was the deed written? When would you consider your mother to have become mentally incapacitated?

    then, if the deed is valid and it was created while mom was competent, well, they own the property. If mom was already incompetent, the heirs can attempt to contest the will.

    Oh, and a quit claim deed does not address "the entire estate". A deed is specifically designed to transfer interest in real property.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: Contesting a Quit Claim Deed when a Will Esisted

    The will only applies to what was left in the estate at the time of the testator's passing. They are free to give away any or all of their assets at any time regardless of what the will says.

    The only possible case you have is that your mother was not competent to execute the deed, but you're going to need a lawyer and a bit of effort to prove that.

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