Quit Claim Fraud?

[mcwong]

My mother is 87. Her husband of 13 years recently died and, to her surprise, she discovered that she had signed a quit claim deed to their real estate nearly four years ago placing it in a trust that goes entriely to her husband's grandson. The grandson engineered this without her knowledge or ours. She had no idea that she had signed a quit claim deed. Now, at 87, she is basically a renter in her own home. She has only a small savings account. The real estate was the major asset.

Can the validity of the quit claim be challenged in court? What are her options?

 

[ALawyer]

If it was THEIR real estate a quit claim deed would not wrest her share of title from her. If it was his, it could.

She also has certain rights to elect against his estate, assuming he owned any assets.

Setting aside a deed is difficult, as it is usually necessary to prove fraud, mistake, lack of mental competence, etc.