Do I have any recourse against a sibling who convinced our mother to sign a quit deed over to only him?

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Do I have any recourse against a sibling who convinced our mother to sign a quit deed over to only him?

There are 7 siblings in the family and our mother pasted away this past September. Our one brother told my mom if she signed this quit deed over to him it would keep the farm from going to the nursing home. My mom did end up spending about one year in a nursing home before she died, but the quit deed was signed by my mom approximately 8 years ago. Is the cruel truth of the matter that our one brother inherited the entire estate and the rest of us are left out in the cold?

Asked on March 8, 2018 under Real Estate Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, that unfortuantely is the cruel truth of the matter. If your mother was then the owner of the farm, she had the right to dispose of it--i.e. to sell, to transfer, to quit claim her interest to someone else, etc.--however she liked. Also, the law does not require a parent to treat her children equally in terms of gifts and inheritance. So unfair or not, bad decision or not, she had the legal right to quit claim it to your brother and leave the rest of you out in the cold.


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