My mom just passed , my sister and I are on the Grant deed joint tenancy since 2002 in 2023 my mom quit calmed to my nice ?
My mother passed over two weeks ago , my dad passed three years ago , after my fathers death my mother in 12-14-2023 quit clam deeded to my nice? What do I do they are living in the house now and lived their taking care of my mother during the last three yrs, I’m ready to sell the house ? My mother payed their housing while staying there in the mean time they convinced her to quit claim the deed. What do I do going forward?
At absolute minimum, you and your sister own 2/3 as that percent was transferred to you two in 2002, so this is just about the last 1/3 as your mother can only quit claim her interest, not the interests in the home she previously transferred. As to the 1/3 interest, you are describing the most common fact pattern of what's called "undue influence", which typically involves and elderly person who needs assistance and the care provider person upon who the elderly person is dependent ends up with assets. You can hire a probate litigation attorney to file a court action to invalidate the quit claim to the niece based on undue influence and/or lack of capacity.
If you don't want to bring the lawsuit against the niece to invalidate the quit claim the other option is to hire a real estate attorney to bring a "partition action" which will force the sale of the home.
