Quit Claim Deed challenge - undue influence

Asked about 3 years ago - Flushing, NY

My mother owns a condo with my brother in Manhattan. Her name is on the deed along with my borther's name. My name is not on the deed. My mother transferred her interest in the condo by quit claim deed to me a few weeks ago. My brother told me he is planning on challenging the deed, saying I unduly influenced my mother's decision. My mother is old and her health is failing, but she understands that she deeded the house to me and she did this of her own free will. She has lived with me in Florida for the past several years and is too ill to travel to New York.

What is the best way for me to ensure that the quit claim deed from my mom to me is upheld in court?

Attorney answers (2)

  1. Richard C. Southard


    Contributor Level 19

    Answered . Is there any reason why this was done via Quit Claim deed and not Bargain and Sale deed? I think the other would have been better for you. There are things that you can get to show your mom's intent.. notarized letters, video, other witnesses etc...

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  2. Richard J. Brickwedde

    Contributor Level 12

    Answered . I agree with the suggestions earlier made although I wouldn't be so concerned about the type of deed. The best thing to do would be to get a doctor's statement ( or sernior care case worker) who has talked to your Mom outside your presence and is willing to state that the deed was executed will your Mom was competent and without undue influence.

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