What to do about a possible invalid deed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about a possible invalid deed?
My mother recently passed away and did not have a Will. Her husband has kept everything the car, $285,000 in life insurance, and the house. However, she deeded my step-father onto the house before they were married. The deed was not witnessed; it was signed and notarized on different days and it states that it is deeding on her husband as a tenant by the entirety when they were not married at the time.
Asked on April 27, 2011 under Estate Planning, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss. SoI get the feeling that what you are really asking here is can you try and bring an action to invalidate the deed or set it aside as an invalid transfer, correct? You seem to have done some research in to the issue and I would consider taking it a step further and speaking with a real estate litigation attorney in your area. If you can prove that the propertywas improperly transferred then maybe you have a shot at having it pass through her estate rather than "outside the estate" and by operation of law (when things are held with rights of survivorship as is real property held by tenants in the entirety). Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.