My husbands family drama over a quitdeed

[JeanW2016]

Jurisdiction

Georgia

Our grandmother had a stroke and her grandson wanted to fix her house up so she could come home to live after rehab. Grandmothers daughter didn't like the idea her son was going to take her mother ( his granny) home to live with his family.
She forged a POA and filed it in the courts to evict her son ( grandson).
Grandson and granny agreed on a quitdeed so daughter wouldn't interfere with granny plans to go home.
Daughter now had eviction papers served and he never lived there. He was there daily repairing the plumbing and all the rotten wood, etc.
He was granny POA and got the quitdeed done with notaries and witnesses.
Daughter now claiming her mother has dementia and she was taken advantage of.
The daughter and her husband busted my husbands locks of the house and took possession of it for 6 weeks. The son didn't want his mother is legal trouble so it waited to see if they would take the locks off, sent their attorney a letter to remove locks and they ignored it. Son finally had enough and took back his property and begin repairs again.
Since then, the other family ( the daughters family) have filed harassments changes on the son 3 times trying to get him locked up. 2 cases were dismissed and now they sent their housekeepers daughter down to the house to take pictures and spy. The son saw her through the window and asked " what's going on", he haven't seen her since 2005. She was friendly and they talked a minute and she left. 2 weeks later, charges come in the mail from the daughter's husband saying the girl said the son wanted to kill his mother and her family.. more charges. still trying to get him locked up.

Now the daughter has been hiding granny from the grandson for 4 months now and they have a good relationship and no contact now. The daughter filed guardianship papers and wont let no one see her, not church members or her neighbors of 50 years.
How can we stop this conspiracy and get granny back in her home with us. she 85years old and missing her favorite grandson.
Is the quitdeed valid? She didn't have a dementia diagnosis when she had her stroke. Her medical records doesn't say anything about dementia until 4-29-16. She signed the deed and POA 3-29-16. She was taking care of her self up until Feb when she had the stroke. She was paying her bills, working voting polls, etc. Now the daughter wants the house and sell it. She isn't even deceased and they trying to take everything. They took her rights and now want the house she gave her grandson. The daughter even told her son, " you can have the house, its yours anyway". Then she changed into an evil woman and dis owned her son.

 

[adjusterjack]

You have two identical posts on the same topic. That's not good so I've deleted the other one. Please keep all your future discussion to this thread and don't open up any new ones. Thanks.

As for the situation, the grandson is the one that all this is being aimed at so it's the grandson that needs a lawyer to intervene and get a judge to order the daughter to behave under pain of contempt.

Meantime, I hope grandson recorded the quitclaim deed because it needs to be public record for him to have a tight claim on the house.

 

[army judge]

If the woman's daughter has court ordered guardianship, I suggest you stay away from both of them.
Why?
You risk arrest and further legal action.
Tell the rest of the clan, the woman's daughter outplayed, outfoxed, outscammed, and outlasted them all.
Its over, the woman's daughter has beaten the entire clan, clean and LEGAL.

 

[army judge]

The quitclaim deed is useless, because it warrants or guarantees nothing.
I suggest whoever has the quitclaim deed tear it up.
The woman isn't dead, so even if she did give the little one a quitclaim deed, it can be changed.
Quitclaim deeds are only useful to scam greedy and dumb people.

 

[adjusterjack]

The quitclaim deed is useless, because it warrants or guarantees nothing.
I suggest whoever has the quitclaim deed tear it up.
The woman isn't dead, so even if she did give the little one a quitclaim deed, it can be changed.
Quitclaim deeds are only useful to scam greedy and dumb people.

I hate like hell to contradict you but that is horribly bad advice.

Recorded quitclaim deeds are valid and enforceable, especially between family members.

Sure, they can be challenged but they can also be satisfactorily defended.

The admonition that they are useless and should be torn up is just ludicrous and would be actionable malpractice if a practicing lawyer were to give that advice to a client.

 

[army judge]

I hate like hell to contradict you but that is horribly bad advice.

Recorded quitclaim deeds are valid and enforceable, especially between family members.

Sure, they can be challenged but they can also be satisfactorily defended.

The admonition that they are useless and should be torn up is just ludicrous and would be actionable malpractice if a practicing lawyer were to give that advice to a client.

No worries, mate, we all have opinions, just as the living among us still breathe.

That said, here's what the State of GA advises about quitclaim deeds:

Quitclaim Deeds | Georgia.gov
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Lots of hanky panky, shady shenanigans occur in real estate, but most assuredly most of it involves quitclaim deeds.

Buyer always beware, and avoid all scams.

This country, unfortunately is no longer what it once was intended to be.

Meaning, I trust no one but myself, and am very risk averse.

That's probably why I have yet to be fleeced.

Or, as my dad once told me, "Son, you got the black cat foot in your pocket."

Nonetheless, I don't take chances with my three or four nickels.

 

[Michael Wechsler]

Having served as an attorney on a similar estate case, I would probably advise not tearing anything up until you're ready to call it quits (or allow me the pun of saying to "quit your claim".) And even then I might keep it! True story - a woman was appointed conservator (conservatrix technically) for her ailing aging aunt in Florida. The heiress to the elder woman's estate lived in New York. Unknown to anyone prior to probate court the conservatrix signed over the property owned by her aunt to herself because she felt that she deserved to be compensated for all her hard work (including transferring money from bank accounts.) The recorded deed of transfer that legally established the niece as owner had an X affixed above the aunt's name. I kid you not. What was incredibly disgraceful was how the court allowed her attorney to have these shenanigans go on (until co-counsel had to go beyond the judge.) Fortunately the end result was that the sister ended up with the property, the money (and sadly larger bill from us than we had wanted to send.) The sister didn't end up in jail with her attorney but at least the wrong was righted at the end of the day.

It may be worth it to go to an attorney who specializes in elder law and estate planning for a consultation. But this is a complicated matter and the only way to provide a good answer is to have a complete and comprehensive review of all the facts and documents in the case. I am guessing that there are probably documents and facts that would be material to the outcome which we are not seeing and hearing about. Wish you the best of luck.