Can someone contest a deed transfer a year after, if now the grantor has died?

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Can someone contest a deed transfer a year after, if now the grantor has died?

My mother gave my sister and I her house/property via a quit claim deed (with a living estate) over a year ago. She was of sound mind and under no pressure whatsoever to do so. My mother had no Will or POA,. Now she recently passed away and our brother says that he’s going to take us to court and sue us for a minimum of 33% of the value of the property/home. By law, can he do this?

Asked on October 5, 2012 under Estate Planning, Wisconsin

Answers:

David Axinn / David M Axinn

Answered 8 years ago | Contributor

It is theoretically possible for him to try, but he would have a very hard time doing this. He would have to prove that your mother was not mentally competent to make the deed. The law presumes that people are competent, unless there is proof to the contrary.


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