My brother and I was left a property by my grandmother when she passed on her Will. We were told by a family memeber that she change her mind towards the end and sign a quit claim deed over to them. They had taken out a mortgage 10 days before her passing (which my grandmother was incorherent for a least two months before here death) in my grandmother name and two years later another in there name. Now that family member just pleaded guilty in court to forging my grandmother signature on the quit claim deed.
Yes, a quiet title action will be necessary. If in NY, the action would be
brought in the Supreme Court in the County where the property is located or
where your grandmother lived. The Surrogate's Court where the Will was
probated also has jurisdiction, although that Court might decline to
exercise its jurisdiction. You would need certified proof of the
fraud/forgery to satisfy the Court. It's hard to say what the cost would be,
but fair to say it would not be 'cheap'.
Joseph A. Bollhofer, Esq.
Joseph A. Bollhofer, P.C.
291 Lake Ave.
St. James, NY 11780
Member, National Academy of Elder Law Attorneys (NAELA)
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