Can we set aside a deed that has been altered?

Full question:

my mother died and left some heir property, but now will. Some real property she had purchased would be given to four siblings, there are 12 siblings and 7 of us signed a paper allowing the youngest to get property at said location. Then he got with another brother and added a piece of heir property handed down from our grandmother to this same paper, which the rest of us knew nothing about. Had the properties put in his name. He did not get the other signatures but had an add put in the paper and when no one came forward he had the properties put in his name. The rest of us knew nothing about this and did not know he was getting all the property put in his name. we found all of this out after the fact, when he confessed to several siblings what he had done. Can the contest this matter? And was fraud committed when he added the other property to this paper?

  • Category: Real Property
  • Subcategory: Deeds
  • Date:
  • State: Arkansas

Answer:

Yes. If the deed was altered after it was signed to add more property within the consent of the grantors that would be fraud and it could be set aside. If it was a disclaimer or something similar the same thing is true.  You can get him to agree to recovery or take him to court.

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.

FAQs

When one sibling lives in an inherited property and refuses to sell, the other siblings may have limited options. They could negotiate with the sibling to reach an agreement on selling or buyout terms. If negotiations fail, they may need to file a partition action in court, which can force the sale of the property. This legal process allows co-owners to divide or sell the property even if one party disagrees. It's advisable to consult with an attorney for guidance on the best approach.