How can I file a counter claim for property?

UPDATED: Oct 1, 2022

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How can I file a counter claim for property?

My husband died 5 years ago intestate. We were divorced. Property was divided by his brothers who claimed they were next of kin. Real Property was quick claim deeded to my son. Husband did not legally adopt this individual.-My son knew the deed was given to him in order to liquidate the property and share proceeds with me – his mother. The son decided to keep the property, and is now suffering financial difficulties. The address is now listed as inactive. And my son no longer speaks to me or my husband’s brothers. I understand when he told the brothers-in-law what his plans were in 2016 the brothers may have tried to have the deed returned to them. I receive my husband’s social security as a widow’s benefit. I have an award letter from the Social Security Administration and submit end of year 1099-G with taxes. The brothers-in-law recognize me as the deceased’s widow. My son and his wife are divorcing. How do I put in a counter claim on this property? The attorney handling this matter for them was Mitchell A. Jackman. When I tried to get info as to how to do this very thing in 2016 Mr. Jackman’s secretary told me she wasn’t supposed to speak with me, and hung up!

Asked on September 11, 2017 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the real estate was deeded (e.g. by quitclaim deed) to your son, it is his property--period, and end of sentence. It doesn't matter "why" it was put in his name; once it was deeded to him, he was the owner and could do, or not do, whatever with it that he wanted. Based on what you write, you have no claim to this property: it was given to your son.

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