Expert: Dick Dennis - 9/5/2008

Question
MY BROTHER IN LAW HAS A LIFE ESTATE. HIS BROTHER TRICKED HIM INTO SIGNING A QUIT -CLAIM A NUMBER OF YEARS AGO TO HIM AND HIS OTHER BROTHER AND SISTER WE BELIEVE THEY FORGED THE DADS SIGNATURE BEFORE HE DIED,MY BROTHER IN LAW CANNOT READ OR WRITE, SO HE COULD NOT UNDERSTAND WHAT HE WAS SIGNING HE IS MENTALLY DISABLED. HIS BROTHER IS DYING HE IS LISTED AS CO-OWNER ONCE HE DIES CAN MY BROTHER IN LAW HAVE THE OTHER BROTHER AND SISTER REMOVED? AND CAN HE SELL THE PROPERTY BECAUSE THE AREA IS SO BAD, THAT IT COULD BE A THREAT TO HIM IN HIS MENTAL AND PHYSICAL STATE? IF HE GETS MARRIED WILL THE WIFE BE THE SOLE OWNER?

Answer
You're going to have to be more clear on the relationships in your question, Bobby. It seems like this is more of a case for a REAL ESTATE attorney more than a knowledgeable real estate broker, Bobby. The fact that you have someone who is mentally disabled is questionable because that person cannot own property. I recommend you go see the attorney right away. I do wish you well.

Dick Dennis