Can a quit claim deed be contested if the seller is diagnosed 5 month before her death with dementia

[Sheryl Decker]

Jurisdiction

Michigan

My mother was bullied into leaving her home of 50 years in Michigan in October 2015 and moved to my brothers house in Arkansas. Mom's health went down hill rapidly, as though she gave up on life. My daughter had been living with Mom and taking care of her for 12 1/2 years. My brother got POA and made my daughter sign a lease. She paid rent to my Mom until she died, and then my brother;s POA expired. We were told to make the rent checks payable to him in March and April. He never cashed them. He then sent her a notice to quit. An attorney in Michigan advised to stop payment on the rent checks, put the money in an escrow account, take copies of the deeds from the county and treasurers office, which she did. My brothers attorney in court produced a quit claim deed that Mom signed 5 weeks before she died. It has not been filed, nor has a will or probate case opened. I want to open a probate case, even though there is not a will. There are 5 surviving children and 2 children from my deceased sister. Can I file probate my self and contest the quit claim deed?

 

[army judge]

Yes, you can contest the quit claim deed.
It probably will be a costly endeavor that won't end the way you want it to, nevertheless, you are free to initiate any legal action you wish.

If mom died without a will, the laws of intestacy apply, probably in Arkansas.

Unless mom's estate was worth a half a million or more, I'd let it go.

I can't tell you how many times the family thieves clipped me, i just let it go.

If you're fortunate to make your own way in life, thank God, and just keep on doing what you've been doing.