Legal Question in Business Law in Massachusetts

manzalle johnson, who had been adjudicated insane executed a quitclaim and warranty deed conveying real estate she owned to her guardian, obbie Neal. Neal subsequently conveyed the real estate to James R. Beavers by warranty deed. Charles L. Weatherly, Miss johnson's present guardian, restored to miss johnson because oh her inability to contract. should miss Johnson be allowed to void the contract?


Asked on 5/10/12, 8:06 am

1 Answer from Attorneys

This sounds like a law or business law exame question. The short answer is there was no valid transfer of the property as Ms. Johnson did not have the legal capacity to transfer the property. A guardian does not necessarily have the authority of a conservator. If the Guardian has the authority of a conservator, then the Guardian should execute any deeds.

Moreover, it would appear obbie Neal breached her/his fiduciary duty in having the property deeded to herself/himself. The Buyer also has a claim for damages against obbie neal as well.

I could go on, but if this is an exame question, you should be able to do the rest yourself.

If you were the Buyer, I suggest you contact an attorney to sue the first guardian. If you bought the property with Owner's title insurance, I suggest you make a claim immediately if you have not already done so. If you need legal assistance, please feel free to contact me.

If this a student seeking help, please do not use this forum for this purpose.

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Answered on 5/10/12, 12:57 pm


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