Is there a way to reverse a signing off of title on a land deed in 1996 if I wasn’t of sound mind and body at the time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there a way to reverse a signing off of title on a land deed in 1996 if I wasn’t of sound mind and body at the time?
Prior to divorce, an arrangement with my ex-wife and parents, caused me to sign off a 1/2 interest in an acre of land in hawaii.For 24 years, 1/2 of this acre has been my immediate childrens home. I held the interest for over 17 years and carried a mortgage on the property. The “arrangement” involved my parents agreement to protect the land by setting up a trust for my kids, designating each of them as sole heirs. Mom dies in car crash1997. Dad disolves trust becomes the sole owner, marries his mistress (no pre-nup), She is now on the deed involving my kids land.
Asked on June 29, 2009 under Real Estate Law, Hawaii
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
What I think you are asking is: Can a deed be set aside for undue influence of a party who lacked the mental capacity at the time the deed was executed? These type of issues come up all the time is Estate proceedings where undue influence of the elderly is alleged. You, though, are alleging that you were not competent to sign the agreement/and or deed and want it set aside. I am not admitted in Hawaii but I believe that what you want to bring is an action to quiet title and set aside the transfer. Was there a written agreement? I do not know what the statute of limitation is for such a action in Hawaii and when the action accrues (begins to run). You need to seek legal counsel and see if that statute of limitations can be tolled (suspended or stopped temporarily) because of your alleged incapacity, which also must be proven. What proof you need to argue legal incompetency to transfer is also a question for an attorney in the area. The fact that you are alleging that family member took advantage of your infirm condition is, I think, a plus.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.