Expert: Dick Dennis - 1/17/2011

Question
I am asking this question on behalf of my husband:  A quit claim deed was used without my husband's knowledge (forgery & fraud) to sell property that he did not know he had ownership of.  He can prove that he was mentally disabled at the time of the transaction and that the chronic mental disability has not been removed.  I want to make sure I understand the following Missouri Revised Statute as it relates to my husband and his disability.  Am I correct to understand that he has 21 years statute of limitation.

Missouri Code - § 516.030. — Disabilities--twenty-one years.
516.030. If any person entitled to commence any action in sections 516.010 and 516.090 specified or to make any entry be, at the time such right or title shall first descend or accrue, either within the age of eighteen years, or mentally incapacitated, the time during which such disability shall continue shall not be deemed any portion of the time in sections 516.010 to 516.090 limited for the commencement of such action or the making of such entry; but such person may bring such action or make such entry after the time so limited, and within three years after such disability is removed; provided, that no such action shall be commenced, had or maintained or entry made by any person laboring under the disabilities specified in this section, after twenty-one years after the cause of such action or right of entry shall have accrued.

Answer
A Missouri attorney would do a much better job, Chelle. After all, this is more of a law question in that it does not refer to real estate in the Missouri Code you mention. Also, if there is fraud involved you would need to talk to an attorney in any case. A good Realtor can be of little help other than to recommend you talk to a qualified attorney. I do wish you well.

Dick Dennis
dixiedee13@aol.com