California | Real Estate Law
Legal Question
statute of limitations on quit claim in california
my mother inherited property in 1980 in the state of CA and at the time she was mentally ill and was coerced into signing over the property she had inherited (i believe it's called a ''quit claim'' form) by other members in my family. my question is - has the statute of limitation expired for this claim against my family? in other words, can i reclaim the value of the property my mother lost now- in 2005? thanks for you time and assistance-
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Re: statute of limitations on quit claim in california
So, is this a dispute your mother wishes to deal with or one that you want do deal with since you were left out? That will be questioned. Is she still alive and is she now competent? Next, if she is competent, when did she learn of fraud, if there was fraud? Need to review much, so if interested in going over facts, call.
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Donald R. Holben & Associates, APC 5030 Camino de la Siesta, Suite 350 San Diego, CA 92108
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Legal Answer
Re: statute of limitations on quit claim in california
This is an interesting question; what happened may come under the heading of "undue influence" which is one of the theories that can be used to set aside a deed (whether it's a quitclaim deed or a grant deed makes little difference) -- I cannot answer the question without researching whether the statute of limitations always applies or whether circumstances or some legal principle may toll or waive the application of the statute. It's probably too late to sue to recover the property, but I'll research it and get back to you later tonight, after working hours.
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Bryan R. R. Whipple, Attorney at Law P O Box 318 Tomales, CA 94971-0318
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