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?

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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 11 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.   


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