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Pricetag
5/19/2009, 02:13 PM
Say an 87-year-old widower man was living alone in the home that he owned. He has two children--one daughter, and her younger brother. The Old Man, Son, and his family live in the same small town where they grew up. Daughter and her family live two hours away.

In the past few weeks, Son has become urgently concerned about how much of the booty he'll receive when The Old Man passes. He's so concerned that he had his daughter (Grand-daughter), who works at a local law office, have a deed drawn up transferring the home to a three-way ownership between The Old Man, Daughter, and Son. Son and his three kids badger The Old Man into signing the document, under the condition that it not be filed until he has passed away.

Grand-daughter instead files the document immediately.

The Old Man is done living on his own. He is relatively physically healthy, but has lost a step mentally. He has found a buyer for the house, but the sale does not go through because of the new deed. Because Oklahoma is a community property state, any action on the deed will require not only the signature of The Old Man, Daughter, and Son, but also those of Daughter's husband and Son's wife. Son and his wife are blocking sale of the property because they're so concerned with their pay out when The Old Man passes away.

My question--can the deed be attacked legally? I think The Old Man's mental state can be called into question, and there was definitely duress involved in the signing. In addition, Grand-daughter back-dated the deed nine years, back to 2000, and a notary was not present when The Old Man signed it. There's no way that thing can stand up to examination, is there?

NYC Poke
5/19/2009, 02:29 PM
Whoever is involved in this mess needs to hire a lawyer, pronto. Sorry if this isn't more helpful, but these things can be very fact=specific and can depend on a bunch of factors not mentioned here and too numerous to list.

Oldnslo
5/19/2009, 02:35 PM
Hire my law partner, Tom Affeldt. Right f'n now. 582-0582. Tell Tom that Adam sent you.

Pricetag
5/19/2009, 02:47 PM
Cool. The question was if something could be done, and it sounds like there's a chance with a lawyer. Thanks for the time.

JohnnyMack
5/19/2009, 02:50 PM
Sounds like a match of "Death-Jenga" is called for.

Howzit
5/19/2009, 02:53 PM
http://l.yimg.com/a/p/i/bcst/yp/y7studio/375/59780613.jpg

NYC Poke
5/19/2009, 04:06 PM
Talk it out over a pot of coffee.


Sad to say, but once it goes this far, you're beyond the coffee stage.

stoops the eternal pimp
5/19/2009, 04:18 PM
http://brienhopkins.files.wordpress.com/2007/09/rockpaperscissors1.jpg

http://partmule.com/blog16/wp-content/uploads/2007/12/rock_paper_scissors.jpg

GoOwls
5/19/2009, 04:34 PM
A cup of Coffee, and "Rock, Paper, Shotgun" should do the trick.


http://rlv.zcache.com/rock_paper_shotgun_mug-p168921474906120650qzje_400.jpg

GottaHavePride
5/19/2009, 07:10 PM
No, it's rock paper scissors lizard spock.

Frozen Sooner
5/19/2009, 10:38 PM
As someone who will be soon attending law school and takes a lot of interest in legal matters, I have one recommendation:

Shotgun battle.*


Frozen Sooner does not actually endorse a shotgun battle. Frozen Sooner is not licensed to practice law in any jurisdiction and this post should not be considered legal advice.

Okla-homey
5/20/2009, 05:36 AM
D00d, it's lawyer time.

Other than that, when did that wacky legislature of ours go and make Oklahoma a community property state? I didn't get the memo.

Finally, you know, the three kids who leaned on the old feller to convey the the place to them could just as easily deed it back to him, and might, if suitably motivated to do so by a large, hairy, profane and violence-prone man. I think Bri is between jobs. He'd be perfect!;)

Vaevictis
5/20/2009, 05:52 AM
Being the vindictive bastard I am, I'd see if I could turn it on them and make sure that they can never sell the house either.

Say, maybe some sort of permanent artificial entity (corporation, perpetual trust, whatever) who owns the share of the house and never, ever is willing to sell it.

Okla-homey
5/20/2009, 05:58 AM
Being the vindictive bastard I am, I'd see if I could turn it on them and make sure that they can never sell the house either.

Say, maybe some sort of permanent artificial entity (corporation, perpetual trust, whatever) who owns the share of the house and never, ever is willing to sell it.

While I appreciate the sentiment, that's a No-Go. Generally, even a reluctant-to-sell joint owner can be overcome by a thing called a "partitioning" in which any other joint owner can ask the court to order a sale and division of the proceeds.