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Motion to Rescind Quitclaim Deed Dated January 6, 2012

Motion to Rescind Quitclaim Deed Dated January 6, 2012-2025

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The document is a legal motion filed in the Superior Court of Alaska to rescind a Quitclaim Deed executed by Janice E. Phillips and Don R. Phillips, which transferred their 50% interest in a property to their daughter, Cynthia Hatton, and her partner without consideration. The motion argues that Hatton, acting as the couple's power of attorney, breached her fiduciary duty and engaged in elder fraud by mismanaging their finances and exploiting their diminished capacity. The document seeks to protect the couple's assets during ongoing protective proceedings.

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Can a will override a quit claim deed?

A Valid Quitclaim Overrides the Wills Instructions The property was no longer Letitias to bequeath, regardless of anything written in a will before or after the quitclaim.

How do I challenge a quit claim deed?

The process of challenging a quitclaim deed often requires legal support from your attorney and substantial evidence that the deed was not valid or involved coercion.

Can a quitclaim deed be challenged in court?

Typically, anyone who has a financial stake in the transaction can contest a deed. The grantor, representatives for the grantor, and anyone who may have received the property can contest a quitclaim deed. The process for contesting a quitclaim deed includes the following: Gathering evidence to support your claim.

How to rescind a quit claim deed?

The easiest way to reverse a quitclaim is to obtain the grantors consent and sign a new quitclaim that restores the property title to the original owner. However, if you want to challenge a quitclaim that you believe the grantee created or influenced unlawfully, you must prove your claims.

Can a quitclaim deed be changed?

Yes you can do so very easily. You just have a new quit claim deed prepared from you as the grantor back to you and your former spouse as joint tenants with right of survivorship. You sign the deed in front of a notary public and then record the deed at the local land Records Office in the transfer is completed.