Full question:
how do i destest a quite claim filed against me? my grandparnets are deceased, also all of there children but one and she wants her name of of it. One of my dad's brothers wife it trying to quite claim it. Our siblings want to protest it but dont know how to file a answer form to contest it we have 20 days to do that.
- Category: Real Property
- Subcategory: Partition
- Date:
- State: Minnesota
Answer:
I’m unsure of the basis for the quit claim action and the type of action being taken. The answer will depend on the allegations in the documents filed and what type of document and ownership is involved. Typically, when a person dies, their assets go through the probate process and are distributed according to a will, or the state laws of intestacy if there is no will. For example, an estate administrator or executor may prepare a fiduciary deed to transfer property to heirs. In other cases, property is owned as joint tenants with right of survivorship and passes outside the probate process automatically to the surviving tenants. The answer will depend on whether the estate has already been probated, and who is named on the current deed.
If the quit claim action is part of the probate process, a petition to contest a will may be an option. A quiet title or trespass to try title action is the method of determining title to lands, including land that is claimed by another who puts up a fence around it. In a quiet title action, it is possible to ask the court to issue an injunction to force another to do or refrain from doing an act. An injunction is an equitable remedy that the court may order when money damages will be inadequate to remedy the harm suffered. An action for partition usually arises when there is a dispute as to how to divide property, or in a dispute as to whether property should be sold. One co-owner of real property can file to get a court order requiring the sale of the property and division of the profits, or division of the land between the co-owners, which is often a practical impossibility. Normally, a partition order provides for an appraisal of the total property, which sets the price for one of the parties to buy out the other's half. I suggest you contact a local attorney who can review all the facts and documents involved.
In a civil case, an answer is the defendant's written response to the plaintiff's complaint. It must be filed within a specified period of time, and it either admits to or (more typically) denies the factual or legal basis for liability. Some states allow an answer to state a lack of knowledge as to whether a particular allegation is true or false. An answer is a legally sufficient response to the allegations that have been alleged against you in the complaint.
The answer will generally either admit or deny each claim made by paragraph, or state an inability to admit or deny for lack of knowledge. In the answer, you do not have to tell the entire story or make legal arguments.
The answer should be typed, but if you cannot have it typed, you can neatly hand write it, using print (not cursive writing). If there is a case number on your Summons and Complaint, then you should write in the number on your answer and file the original(s) with the Court Clerk. Make at least two copies of your answer. Deliver one copy of any filed documents to the lawyer for the plaintiff.
The answer may also include "affirmative defenses" including allegations which contradict the complaint or contain legal theories (like "unclean hands," "contributory negligence" or "anticipatory breach") which are intended to undercut the claims in the complaint. Along with defenses that may be raised, a counterclaim or cross claim may also be asserted. In some cases, a demand for a trial by jury is made in the answer.
A counterclaim is made by the defendant to a civil proceeding, in a main action against the plaintiff or against the plaintiff and other people. This claim may be an attempt to offset or reduce the amount/implications of the plaintiff's original claim against the defendant, or it may be a different claim. The defendant cannot counterclaim about entirely unrelated issues--that would be a different lawsuit. A cross-claim is a claim by a party against a party on the same side of a lawsuit, such as when a defendant sues another defendant named by the plaintiff in a lawsuit.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
