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Forum Newbie
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Last Login: 8/12/2008 4:05:56 PM
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| We added one of my children to the deed on our property, via quit claim deed. We signed at home, had no witnesses or notary. My husband died in 2006 of cancer. I want to sell the farm and move, my daughter wants it all. Do I have any recourse to get my farm back. I will sell it to her, but she says it is already hers.
Dayzee
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Forum Member
Group: Moderators
Last Login: 5/27/2008 11:04:45 PM
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| Dayzee, You may or may not have recourse against your daughter. Clearly, putting your daughter's name on the deed gives her an ownership interest. But the fact that there was no notary may make the deed invalid depending on your state's law. In addition, I don't know why your daughter's name was added to the deed, but there may be an argument that she is supposed to be acting as trustee for you. The problem with this approach is that it will be your work against hers and your husband is no longer around to testify. Finally, if all else fails, there is an action called "partition" which would allow you to force the sale of the property, but you would have to split the proceeds with your daughter. I recommend that you consult with a local attorney to determine what is possible in your case. This is certainly an object lesson in what a big step it is to change the ownership of real estate and why getting professional counsel can help avoid a big mistake. Good luck in finding a solution.
Harry S. Margolis
ElderLawAnswers
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