My father has a living trust leaving equal thirds to three adult children. He has been talking about putting one of our names on deeds for some time,long story short one sibling had papers done by lawyer friend tricked dad into signing quick claim deed taking him off and any rights to claim or demand any rights or title to property by grantor his heirs "forever"
If your father is still alive and if he still has testamentary capacity, he can record a new deed. If not, and if your father was "tricked" through undue influence, the deed can be declared void and, perhaps, the beneficial share of the individual who tricked your father may go to other beneficiaries.
You should consult trust counsel. If you wait too long, relief may be denied under the doctrine of laches. You can read more about that doctrine here: “Laches Bars Probate Petition; Filing, Not Service, Determines Timeliness of Filing” at http://mrdaymude.com/laches-bars-probate-petition-filing-not-service-determines-timeliness-of-filing.
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I agree with attorney Daymude; if dad still has capacity he can sign new documents. I strongly encourage you to immediately engage an estate planning attorney to evaluate the situation and prepare the necessary to documents for you.
Your father has made a gift to your sibling. You can invalidate it if can prove “lack of capacity, undue influence, fraud, etc.”. You should act soon. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice or solicitation. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Estate Planning and Tax Attorney, CPA, MBA, MS.
There is a much greater chance to rescind the deeds while your father is still alive and competent. It sounds like there could be undue influence of financial elder abuse occurring. I recommend consulting with a trust litigation attorney to determine the best course of action.
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