Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My mother who is in questionable state of Alzheimer’s Disease but not diagnosed talked my niece into coming to my hospital room right after my first surgery for terminal cancer, it was a hip replacement, and with them they brought a change of deed of my house from my sole ownership to include my mother as half owner. I don’t remember even signing this piece of paper but was informed after the fact by our mutual attorney who told me unless it was filed it was not legal. In fact I had to write him a letter stating I did not agree to this and did not want it to be filed or legal.
Now out of the blue I have just put my house on the market and an attorney for my mother has called my real estate agent and notified me by e-mail that she is my mother’s attorney and that my mother was assigned half the house on that day and that she is not in agreement to sell my house and indeed owns half.
Were do I stand on this? I was COMPLETELY out of any kind of stable thinking on the amount of drugs I was given for pain and sedation, so much so in fact that I became violent and they had to put a guard in my hosptial room days after this paper was even signed.”Well, first off, sorry that you’re even in this situation.
Question: Your mother has created what attorneys call a “cloud on title.” That is, she has a document which looks like it affects the ownership of the property, but is not necessarily valid. The legal action to clear a cloud on title is called a Quiet Title action, and yes that means you’re looking at suing your mother (and anyone else who has a claim on this property). You’ll be attempting to prove that this deed is invalid, and your mother will be attempting to prove that it is valid.For obvious reasons, your mutual attorney with your mother cannot represent you in this suit.
Answer:
At the risk of being morbid, you should also immediately consult with an estate planning attorney (if you haven’t done so already), and make sure that your executor is someone who is willing and able to continue this lawsuit if you can’t.
