Find Senior Care (City or Zip)
Join Now Log In
R
Rockyhaire Asked April 2023

Free legal real estate attorney for probate Macomb County for mother's estate and forged QCD?

My mother died in Sept. 4 2014 my brother had her sign a QCD in May 2014 WHILE IN NURSING HOME AND NOT COHERENT AND had recorded in record of Deeds BUT: my mother signed and dated it May 2014 NOTARY SIGNED AND DATED STAMP EXPIRES AUG. 2011 SO DOESN'T MAKE IT NO GOOD? Also Now my Brother died 7/01/2021 and his " FRIEND" got paperwork in the house copied off QCD and used same paper same Notary but commission expired 8/2018?? And had it recorded 7/06/2021? My Mother also has a mortgage on the property in which I am 3 party sent in my Mother's & Brother's death certificate and my POA paperwork from Macomb County Probate.. My question is if the 1st Quit Claim Deed isn't Valid then the 2nd one from his friend Forged isn't NO GOOD RIGHT??

JoAnn29 Apr 2023
"quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage."

So brother being able to get a quick claim deed should not have been allowed if Mom was still paying on a Mortgage. Also, if Mom was not competent to sign a contract, as in Dementia or not coherent. And because you pay a Mortgage does not mean your on the Deed. And the deed determines ownership.

Once a person dies, so does the POA. If there is a Will there's usually an executor and that person now takes care of the estate. No Will and an estate, someone has to become Administrator and get a short certificate to handle the estate. The State determines who inherits.

I think before you see a lawyer you need to set up a timeline. I really don't think what brother did in having Mom sign a quick deed is relevant now since he is gone. If the Notary stamped said 2011 and Mom signed in 2014, from what I read the Notary's commission had expired so was not valid. A notary also must be present to confirm Mom is who she is and her signature is valid. This should all be dealt with in 2014.

Was Mom sole owner of the house, her name the only one on the deed and the Mortgage? If there was a Mortgage upon her death, who continued to paid it? If still a Mortgage now, who is paying it?

Your problem now is the forgery. Who really owns the house? Who is on the tax records of legal owner? Who names are on the mortgage? Because, if my name is not on the mortgage and I am not on the deed or tax records, I may just let the house go since you can't afford a lawyer. If your on the deed and the Mortgage thats what needs to get straightened out. You can always just turn your share of the deed over to the forger because you will be held responsible for the taxes and water bill. The Mortgage is something different.

"A Quitclaim Deed Affects Ownership and the Name on the Deed, Not the Mortgage" So this means the forger could own the house but not have to pay the Mortgage. So, if your now paying it, you paying for a stranger living in the house. To me this is your problem and the need for a lawyer. Call your Office of Aging and see if they have a number for legal aid. Get an appt and have your ducks in a row. A copy of the original deed. A copy of the Mortgage. Death certificates. What ever you think relevant. Proof of the QD for brother and forger. You have a very confusing case so I would do as much research as I could before seeing a lawyer.

Rockyhaire Apr 2023
Thank You for answers but I didn't mention that my older and only sibling has passed away this past week end and since he was in assisted living he couldn't attend probate court and I had to serve him w/ papers for him to say ok as POA/ Personal Rep. Of my Mother's Estate And the Atty/Notary was the same Notary that stamped the QCD was my Brother's Stand in Atty ?! And he asked the Judge if he could fix a "clerical error"? Referring to the error on the QCD STAMP?!! She said" that this was a HEARING about GRANTING Me POA!! SO HE KNEW ABOUT THE ERROR!! CAN I GET FREE REPRESENTATION IF I'M ON FIXED INCOME AN NO HELP
AlvaDeer Apr 2023
I don't know the answer about whether you can get free legal help or not. I just don't know of free attorneys. I sure wish you luck. Call the agencies I mentioned. Look EVERYWHERE. Even check in faith based places, like visiting the pastor of a church to see if they have heard of anyone who helps parishioners. Check everywhere from Senior centers to your Local Council on aging to even APS. It's only a phone call.

ADVERTISEMENT


AlvaDeer Apr 2023
You have here a terribly complicated case. I cannot imagine you'll will find free attorney to do all this investigative work. You surely can try. I'd start with a call to your local council on aging. You might try senior centers; some have legal counsel for questions/ guidance; they may be able to find you a low cost consult.

This sort of litigation where signatures/mentation is in question can be costly requiring witnesses, etc. They can run to 10,000. I would be surprised if any would take this for no fee. Consider seeing a probate attorney for an hour of advice. May run you 400.00 but you would know what you are looking at and whether there is a way to move forward.

I sure do wish you luck.

Dupedwife Apr 2023
You need to consult with a real estate attorney as it’s clear that forgery was involved.

LoopyLoo Apr 2023
Huh?

Geaton777 Apr 2023
In this case it would be worthh it to pay for a consult with an attorney for your state. This attorney can probably tell you in 1 visit or call whether you have a winnable case or not. That's all you need to know for now. Contact your local Area Agency on Aging for legal resources.

Your question is too complex to ask a global, anonymous forum where there is no recourse if you are given inaccurate advice.

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter