eradcating the deed

modhatter · Joined: 07 Sep 2006 Posts: 1

My mother 86 yrs. is on the deed (joint tenant with right of survivorship) with her brother (84yrs). It is actually her brothers house, and the intent at the time her brother did this was to avoid probate and the house would pass on to my mother and my mothers sister. However, in the last year and with the agreement from my uncle, my mom's sister quit claimed her interest in the house, due to my mother being the one who cared for my uncle all those years.

My uncle (her brother) as been sick for about ten years from (stroke, cancer etc.) and my mother has taken care of him without pay for allmost ten years. They had a fallen out recently, and a caregiver was hired to come in and care for him now. After six weeks with his new caregiver, he now wants my mother to sign a quit claim deed to the property so he can have the house sold when he dies and proceeds distributed to other people, (mainly his new housekeeper) who has now been successful in alienating my uncle from his whole family. He has gone to an attorney, and the attorney drew up a quit claim deed for my mother to sign off on the house. He says if she does not he will have my unclesdeed eradicated, and a new one drawn.
Is this possible. I never heard of such a thing. Obviously my uncle is not mentally in control of all of his faculties or this would not be happening.

The Mortgage-Pro · Site Admin Joined: 19 Jan 2005 Posts: 2248

As for as I know the current deed can not be eradicated. I think the uncle is blowing smoke.