Legal Question in Real Estate Law in Montana

Changing mind about signing deed

Father & step-mother signed over deed for land to father's three adult children. Step-mother changes mind one week later and wants land back. Must children return deed for land? If step-mother now states it was signed over under duress, who has burden of proof? Father still wants children to own property and is willing to write statement to that effect. Should we hire attorney at this point?

Asked on 4/05/07, 12:57 pm

1 Answer from Attorneys

Phillip Oliver Oliver Law Firm, P.C.

Re: Changing mind about signing deed

I would not voluntarily give in if your Father still wants the property to go to his children. There is no need to get an attorney until she files suit. It would be her burden of proof, which will not get far if your Father stands his ground and denies it.

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Answered on 4/05/07, 2:05 pm

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