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Does a Quit Claim Deed Supersede a Will?

January 14, 2016

My grandmother is age 97 and lives with her son and his wife. The son works f/t and pays a care-giver to watch my grandmother. About 3 years ago now, the son had a deed drawn up and had my grandmother sign it (not knowing really what she was signing). The son put in there that he paid $1. to my grandmother for her old, small vintage home and 20 acres. He said since he has cared for her and she dearly loves him. That's what the he had written up in the deed.

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So long story short there is a will and there is another sibling involved here and a deceased sibling with 3 children. The home and 20 acres are suppose to be divided between them all not just the son! He put his name and his wife's name on the deed. The wife's name, really! She should not even be on there. I feel like this is financial elderly abuse and taking from an elderly woman when she does not even know what she signed nor can she really see at this time. What are your thoughts? I feel her son is trying to take all and over-ride the will.

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Bronze Feedback Medal for All Time! 141 Feedbacks
January 15, 20161 found this helpful

There are some good answers about this topic at this link:

www.avvo.com/.../does-a-quick-claim-deed-supercede...

 

Gold Feedback Medal for All Time! 679 Feedbacks
January 15, 20161 found this helpful

You MUST seek legal advice from a good lawyer in the state where the house is located! You might want to contact some senior agencies for help and advice, too.

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They might be able to recommend a lawyer, or provide advice. It's distressing and depressing to hear how so many greedy people fleece their own relatives!!!

 
January 17, 20160 found this helpful

Hello, There is an Att. Gen. out there in Miss. and I know he does free help/services for the area. He said on his website about 90 percent steal from there loved one's / family members.......terrible ! Also, he is a Dentist and still wants MORE ! that is real sick ! thanks again for your time !

 
January 17, 20160 found this helpful

Thank you :)

 

Gold Feedback Medal for All Time! 949 Feedbacks
January 18, 20161 found this helpful

We have no idea as to the value of the said property but you did mention this was done 3 years ago - so - does that mean the person who she lives with has been taking care of the grandmother all of this time - and more?

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Does anyone else help with her care or support?

It is possible that you may be able to "break" the contract/deed (which I doubt, unless there is definite proof the person was "not of sound mind") but this responsible person/caretaker may be able to claim money for their care of this person - including the money they are paying for someone to attend the person in their absence.

It is very difficult to give a fair opinion of situations like this because we do not have all of the facts.
You really need to consult with an attorney and it should be done while the person in question is still living.

 
January 19, 20160 found this helpful

Hello and thank you for your time and responding back :) The person is her SON !! he is a Dentist out there in Miss. !! he works f/t and has PAID a person "under the table" cheap worker you could say....to CARE for his Mother while he still works f/t !! The Son has "used" all her $$$ that she did have in Bank / has wrote checks out to cash ( have copies !! ) My Grandmother is not able to really see 100 percent nor read anymore....when she did sign that DEED ( which my Grandfather is rolling in his grave now !!

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) that 20 ac. / old vintage house was "supposed" to be divided by 3 siblings counting the Son that pays someone to come in to his house and care for her ) The Son pays CASH to worker so it cannot be traced ! nobody else does the care for his Mom. So sad that it has come down to this......they keep my Grandmother confined you have to call make appointments to visit, she can no longer talk on the phone nor write anymore :( To talk to an Attorney allot of them want $$ up front..........

 
January 19, 20160 found this helpful

There is a WILL and the SON over-rode the WILL / HE thinks since he has let her live in his house / paid a care-giver to take care of her HE is entitled to Land/House Probably OVER $500,000. value if not more ! they say about 90 percent of loved one's / family members steal from there Family now..........HE has $$$ and still wants MORE ! uggg.....

 

Gold Feedback Medal for All Time! 949 Feedbacks
January 19, 20160 found this helpful

Thank you for responding and giving more information.
It is sad that families go through this type of situations but it does happen quite often.

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Everyone can now see your frustration in this matter and maybe someone can give more honest help or advice.

I believe you may be able to find free legal assistance by going to your local family services or to your state web site family services that deal with elder care as it appears there may be definite abuse in this situation.

Please do not give up as someone will be able to give more specifics on how to get help. I know you can sometimes get help/addresses from churches or Salvation Army.

 

Bronze Post Medal for All Time! 105 Posts
January 20, 20160 found this helpful

If you feel this is elder abuse then you must seek legal advice. If her son took over this home 3 years back and pays the taxes on it I'm not really sure what you can do. A will is good for what is left.

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There is a few places you can seek some legal advice for free. A lot of attorneys will see you one time for free. You might want to go and see one of them.

 
January 30, 20160 found this helpful

A few questions:
Please tell us how much time the rest of your family spends with Grandmother including yourself. Is the paid caretaker there 24 hours a day or only during the day when her son is working? If not, then her son and wife is caring for her at least 12 hours a day plus weekends and holidays. Is the son the only one paying for the caregiver? Has anyone in the family asked to care for Grandmother fulltime or even part time? Does the family give the son time for vacations or any respite time at all? Would you like people coming to your home, dropping in at all hours without calling? If the family is visiting, are they expecting to be fed and entertained by the son?
Being the full time caregiver, having the care of a 97 year old mother, is NOT an easy life. Why are you upset that he has a F/T job? I know too many people who care for their parents and get NO help or understanding from the rest of the family. It sounds to me that you are worried about the money, not the care of your Grandmother!

 
March 8, 20160 found this helpful

Thank you kindly :) I am in TX and of course the Evil Uncle is in Mississippi ! the land/house is also in Miss., WE recently found the Affidavit of Heir-ship! NOT sure if Uncle knows about that or not ! it has been on file for over 10 years !!! The Uncle is a Dentist so sad when people have loads of $$$ they still want MORE ! :(

 
March 8, 20160 found this helpful

Oh no not upset at all about the f/t job ! it's just what he has done under the table / the check that my Grandmother gets he has given to his 2 son's that are unemployed. He works f/t as a Dentist ! He of course goes on Vacation and will NOT allow any Family Member's to watch her while they are gone. Her Sister who lives in Tenn. wanted to care for her for 1 week and he would not allow. Guilty ! he writes checks out to cash on her account. The whole deal is really sad. Thanks for your time !

 
April 4, 20160 found this helpful

There is no Will. BUT there is an Affidavit of Heir ship ! ? Has been filed for over 10 years in the Courts. Uncle will soon get a copy of that ! :) It was to be divided up between Uncle, the sister and my Dad. Uncle chose to take all ! just terrible and he is a Dentist with Money ! Thanks for your time,

 
April 5, 20160 found this helpful

My Grandmother just passed this January. Uncle used her money / s.s. check to pay taxes. Such a nice place and just sat there. As my grandmother moved in his house around the corner. Thank you for responding :)

 
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