My uncle did this exact thing to my grandmother.

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1993 e300
1995 e320
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2006 s500 4matic
2004 Jeep wj overland
2001 Ducati 748
2004 Honda shadow aero

Having been around the block once or twice, there are several items to note concerning the subject of signatures or autographs (two different things, BTW). If the signature or autograph on a warranty deed is NOTARIZED, it is more difficult to call the deed into question. If the signature/autograph is NOT NOTARIZED, you may get some headway especially if you can prove your mother acted under duress or was coerced. Also, only your mother can declare any so-called "signature" to be her own handwriting.......OR NOT. No one else has this power. The subject of senior or elder abuse also comes to mind. Most people over 80 years of age don't possess near the cognitive and rational skills they did when they were younger. This is why senior fraud is so rampant, the fraudsters know it is easy to work over a single eighty plus year old man or woman.

Unless you want to lay down and give up the goodies, a quiet title action may present a remedy for your situation. Most people and many lawyers know very little about quiet title actions. This is why you need a SUBJECT MATTER EXPERT to handle the matter.

Here is a good read to get you acquainted:

https://www.forrylaw.com/the-real-property-scalpel-a-quiet-title-action/

and here is a SUBJECT MATTER EXPERT located in Marietta, Georgia. Yes, he charges a few bucks to do the legal work but if the land is worth a lot, $2500 to $3500 to initiate a quiet title action is more than reasonable.

Normally, most lawyers charge nothing for an initial consultation. It is my opinion that it is best to set up a FACE to FACE consultation and bring all the paperwork you can to the meeting. 80% of all communication is NON-VERBAL which means a mere telephone consultation may not get you where you want to go. Also, be prepared to stroke a check should you like what you hear. Please take a few minutes to go through the various links on his website, at a minimum you will LEARN a few things that may help you.



Georgia Quiet Title Lawyer – Quiet Title for Tax Deeds, to Remove Liens, and Clear Title

One thing I have learned in this world is some things are worth fighting for and some things are not. If a sibling did something like this to one of my parents, I'd pull out the legal guns and give them a run for their money.

Make 'em sweat.

If you do decide to talk to a lawyer who is well versed in quiet title actions, you might want to talk to him/her about up-stream and down-stream title research. This involves going back in time performing a thorough search of who has owned the property in the past.

Also, you may wish to find out if your mother purchased title insurance for the title deed. Most people are unaware that there are TWO different types of title insurance. One protects the lawyers and the other protects the buyer. You have to seek out and purchase the type of title insurance that protects you, the buyer.

When my mother died, my sister moved in with my father and took over. She spent all of his money and lived on all of his income. He never signed over the house, so in the end, that was all that was left. Because my father was alive, and had some control of his wits, he got what he wanted, which was to stay in his house until he died, and not go to a home. So my brother and I stayed out of it. It was my father’s money, and if my sister spent it like a drunken sailor, that seemed OK with him.

There were no such shenanigans when my wife’s mother finally passed.

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All lives won’t matter until Black Lives Matter too. Along with Asian lives as well.

“No, I don’t take responsibility at all.” - Don Trump

“The buck stops here.” - Harry Truman

Black Votes Matter.

I was just going to settle for the $ amount for the tree sales and head on down the road upon mom's death.

"payment upon death" means it becomes sis's land, houses and shop when mom dies.

I'll look into quite title action. Sis had mom take a competency test before signing the warranty deed so she had this planned out and did a heck of a job with it. She started with it when dad was on his death bed.

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Jim

Your sister sounds like a piece of work.

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[SIGPIC] Diesel loving autocrossing grandpa Architect. 08 Dodge 3/4 ton with Cummins & six speed; I have had about 35 benzes. I have a 39 Studebaker Coupe Express pickup in which I have had installed a 617 turbo and a five speed manual.[SIGPIC]

..I also have a 427 Cobra replica with an aluminum chassis.

A friend's grandfather left everything to his son's ex-wife. The grandfather lived until way up in his 90's, and she moved in and took care of him for his last 15 years or so. After he died, she got a letter saying he was part of a class-action lawsuit, because his employer had stiffed the employees on their pensions. Because he lived up into his 90's, his share of the settlement was larger than typical. She eventually got a check for over $120k.

We're eventually upsizing, from 1500 square feet (3 bedrooms/2 baths) to 4000 square feet (3 bedrooms/3.5 baths). That sounds crazy, but the new house will have bedrooms large enough to hold... oh, I duh know... bedroom furniture. Each bedroom will have a walk in closet; the master will have two. The new house will also have a 10' x 12' computer room (office with built-in desktops), and storage, storage, storage, and more storage.

Our previous attempt to build a new house (delayed by the Floriduh real estate bubble and meltdown, and then killed by Frau Putzer's retirement) was a 3/3.5 + computer room house of 2900 square feet. That house and two-car garage took a lot of tweaking to fit on the 0.147 acre lot. The house was up against every set-back by less than 6", and the set-backs were really small. Two of of the bedrooms had double doors of 18" width each, because there was no place for a 32" door to be when open. The master bedroom doors opened outward into the hall. The HVAC plant was in the attic, on a platform hanging from the roof by cables to eliminate noise in the bedrooms below.

The new house plans grew by 1100 square feet to a large degree because of basement steps, a basement foyer, larger rooms, fireplaces (living room and basement), storage-storage-storage, and a 4' x 36' path from the kitchen to the garage (past the "Sam's Club" room, 1/2 bath, cat bathroom, automotive tool room, and garden tool room). Houses are like a gases, they grow to occupy all of the available space.

The new lot is hilly, allowing for a walk-out basement which could be finished off into a 4th bedroom/bath, a rumpus room, and a second kitchen. The finished basement could also be closed off to make a sperate residence (for a renter, nurse, property caretaker, concubine, friend, or any combination thereof). The HOA architecture rules allow for "servants' quarters." on the lot.

There'll be a three-car attached garage with a lift and a one-car detached garage for a renter, nurse, property caretaker, concubine, friend, or any combination thereof. The 2900 square foot house would have had a two-car garage with a lift.

My little house is 1158 square feet and it's maybe too big as I don't much like cleaning it .

I don't plan to move either but who knows when my health goes .

Dual pane windows, even the cheapo vinyl ones, make so much improvement on temperature regulation and sound reduction you cannot imagine the benifits until they're done .

Also, if you have flat roof (BAD in every way) get it re done with foam, again the increase in temperature regulation makes this a #1 project .

Doesn't leak either because foam has NO SEAMS / OVERLAPS .

Bummer about the nasty sister .

I'd like to give my crappy little house to my grand daughter but my son doesn't like the idea ~ I figure it as a tear down and rebuild, it's hard to afford any property in Southern California .

A good thread this, most just go die and leave a mess behind, my son doesn't want anything I have .

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-Nate
1982 240D 408,XXX miles
Ignorance is the mother of suspicion and fear is the father

I did then what I knew how to do ~ now that I know better I do better

I just thought of another item that may be a problem for your sister. Normally, when someone deeds land via a warranty deed, there is an exchange of MONEY and/or "other good and valuable consideration". In the constitution for the united States, it says ONLY contracts involving twenty-one silver dollars or more are contestable in a court of law.

In other words, did sis PAY your mother fair market value for the land or was it a GIFT? Ask the lawyer if federal gift tax is in play here. If sis is looking at owing uncle sugar a large amount of money in the form of gift taxes, she might be more willing to negotiate.

This about sums it up:

https://www.irs.gov/businesses/small-businesses-self-employed/gift-tax

Thanks for the link. I'm going to inquire about the Quiet Title this morning and will ask about the gift tax. That may be why sis is threatening to sue for sale of trees. Sounds like she may eventually be on the hook for the gift tax which won't be cheap.

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Jim

The gift tax has a lifetime limit of about 11 million.

__________________
All lives won’t matter until Black Lives Matter too. Along with Asian lives as well.

“No, I don’t take responsibility at all.” - Don Trump

“The buck stops here.” - Harry Truman

Black Votes Matter.

I know I don't have eleven million lying around.

Oh boy. I'm so sorry. I hope your sis can sleep at night.

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You don't need a weatherman to know which way the wind blows - Robert A. Zimmerman

I might also look into the aspect. What your father willed to you if uncontested or you have not signed the rights to it away remains yours. Legally that might be very interesting. .


It kind of sounds like your signature would have to be on any release of it as well. Even if your mother transferred the deed it was far from totally clear with that inheritance you got involved.


In many juristictions squatters rights also apply perhaps. If mom lives another eight years. Here it has to be averse occupancy to defeat it.

At least you have some avenues to explore. I tried but knew it was hopeless against my sister. The wife said if I did not I might regret it. There was a suttle clue when my sister showed up at the funeral with her lawyer. Telling me that any and all contact or correspondence was to go through him.

On any inheritance I do not think there is any time limit on claiming it. I have come to preffer older lawyers with lots of experience and known to be good decent lawyers. They seem to have more clout and operate more efficiently. You did not specify what was willed to you exactly. Your mother may have been in a trust position and had no rights to sign over. Takes a lawyer and the local situation and laws to determine usually.