A quitclaim deed transfer is being contested but it was gifted 9yrs ago
The home was gifted 9 yrs ago and a quitclaim deed was signed and filed properly. Can someone contest a quit claim deed that was done that long ago?
I am not a WA attorney. Laws vary from state to state, therefore you should always consult a local attorney.
You do not provide enough details to provide a full answer. On what grounds are you challenging the deed transfer?
In WA, there is a six year statute of limitations based on a written contract. There is also a 10 year statute of limitations for matters involving "the recovery of real property". See RCW 4.16.020.
You should speak to a local WA attorney to determine if you have a legitimate basis to set aside the deed transfer.
If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.
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You state that the home was gifted nine years ago, and that you now wish to challenge the gift. It is highly unlikely that a court would hear your challenge today except under exceptional circumstances.
Gifts can only be challenged on certain grounds. We have both general fraud, coercion and undue influence for all gifts as well as a specific statute when the person who made the gift was elderly or incompetent.
The claims that I would expect to be made in such a case are subject to a three-year statute of limitations. However, that period only starts running when the claimant discovered, or should have discovered, the basis of the claim.
To set aside the gift, you would have to show undue influence or exploitation. It theoretically would be possible for you to know that the gift had occurred, but not to know that it was the result of undue influence, but that would be a difficult argument to win with a transfer that occurred nine years ago.
You should start by answering three questions: (1) why exactly should the gift be set aside and is that a valid basis for a claim; (2) when did you first learn of the reason why the gift should be set aside; and (3) why are you contemplating taking action so long after the gift occurred. If your answers don't show a clear case of undue influence or exploitation, and a compelling reason for not taking action earlier, I would let go and move on.
This is legal information and not legal advice. The final answer to your question will depend on more facts than you can include in your question and some that you probably would not think to include. Treat this as a starting point, not the answer.
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