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Can I be sued? My husband's Mom passed away and all five of her boys went to court and had everything transferred.

Magnolia, MS |
Filed under: Estate planning

Courthouse records show now that all property is in their name at courthouse. The problem is she had a truck in her name (still is) and they gave it to a grandson who's girlfriend has a suspended license and she is driving the truck with no insurance. The grandson has yet to get a new title on the vehicle. I put my husband's name on a quick claim deed? So can I be sued?

Attorney Answers 3

Posted

You need a lawyer to review this situation and clean it up. At a bare minimum, the girlfriend has no business driving that truck. Take action now before someone gets hurt physically and/or financially. Good luck to you.

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Posted

I agree with Attorney Pankowski. I do not see how you can do anything about this. A QUIT Claim deed deals only with real estate and it appears that your summary is dealing with a truck. Since it sounds like you have a contested situation, nothing should be done without consulting an attorney, first. No one has legal authority to do anything with that truck, at this point, including driving it.

I do not see how you can be sued. But the estate can be sued if the driver of the vehicle is involved in an accident.

James Frederick

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Posted

I'm missing what you've done that you could be sued over.

If the issue your concerned about is when you say "I put my husband's name on a quick claim deed", then my question would be: Did you own the property that you deed to your husband? If so, then I fail to see who could sue you over that. If you filed a Quitclaim Deed conveying it to your husband for property that you did not have an ownership interest in, then you could be sued.

More information is needed.

If you are worried about being sued, the best thing to do is to schedule a consultation with an attorney to discuss this matter fully.

No attorney-client relationship has been formed by this answer. The answer given herein should not be your only inquiry into the matter or issue. You should schedule an appointment and seek the advice of an attorney to fully explain the facts so that the attorney can make an informed analysis and recommendation concerning your problem and advise you of all of your rights.

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3 comments

James P. Frederick

James P. Frederick

Posted

I agree with you except possibly regarding the quit claim, if she has no interest. Unless there is fraud involved, wouldn't that be of no legal effect? I can sign a quit claim deed to YOUR house, if I want to. It would not have any legal effect. It merely signs away any rights I have in your property, (which are none). If she forged someone else's name or otherwise acted fraudulently, that would be different, of course.

Jon H Powell

Jon H Powell

Posted

Agreed as to the forgery being fraudulent. However, by signing a Quitclaim Deed she could have placed a cloud on someone else's title. Therefore, she could be named as a defendant in a suit to remove the cloud on title.

James P. Frederick

James P. Frederick

Posted

That is a good point, Jon. Given the limited facts, it is probably best for asker to at least consult with an attorney to see what she has on her hands, if anything.

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