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The exercise of UNDUE INFLUENCE also ordinarily serves to invalidate a deed. The test of whether such influence has been exerted turns upon the issue of whether the granter executed the deed voluntarily. Undue influence is wrongful and serves to confuse the judgment and to control the will of the granter.
Locate your copy of the original quitclaim deed. Draft a new quitclaim deed, this time naming yourself as the granter and the original granter as the grantee.
The law treats a forged deed as if the deed never existed. Unlike fraudulent documents that are not forged which are voidable at the option of a defrauded party, and therefore valid if the defrauded parties do not choose that option forged deed is void from the start, and cannot ever be revived, the Court ruled.
A living grantee always is required in order to transfer legal title to real property. Property cannot be conveyed to a grantee who does not exist. Thus, a deed to a grantee who is dead at the time of delivery is void. For example, a deed recorded by the granter is presumed to have been delivered.
Although generally a deed does not have to be recorded to be a valid conveyance, there are practical reasons for recording a deed. Deeds usually do not take effect as to creditors and subsequent purchasers without notice until the instrument is recorded. The deed also must be accepted by the grantee.
How Are Estate Disputes Resolved? Life estate deed disputes can be difficult to resolve, especially in cases where the property owner is already deceased. In such cases, the property owner cannot be spoken to directly, and so remedies for a dispute may require a re-analysis of various documents that they left behind.
Changing a Life Estate Deed They are difficult to change, and require the consent of every one of the beneficiaries. In the event the property owner decides that he or she wants to move to live near faraway grandchildren, for example, he or she must obtain the legal permission of every remainder beneficiary.
A person with a life estate may end the life estate while she's still living by creating and filing another deed to the property that specifically terminates her life estate. A deed terminating a life estate usually has the remainder man named on the original life estate deed as the receiver of the real estate.
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