Challenging land transfers

The major assets a person typically owns are either land (real property) or financial accounts. Many of the latter pass through beneficiary designations, not directly through an estate.

Land, including mineral interests, can pass while the owner is alive or through their estate after they die. A deed is the method to transfer land while the owner is alive, while a will accomplishes a transfer through an estate. Although certain forms of deeds are used for estate planning purposes and a deed may reflect a will after being admitted to probate.

We often contest or defend wills. But can a deed also be challenged? The answer is yes. A deed can be challenged on similar grounds to a will contest.

A deed can be set aside if it is shown that the grantor lacked sufficient mental capacity to execute the document. Or that the grantor was subjected to undue influence. Or that there are technical flaws with the deed.

I once was involved in protracted litigation regarding a family member who used a power of attorney to sign a deed transferring hundreds of acres of land. The issues involved whether the POA holder had the legal authority to make the transfer and whether it amounted to a breach of fiduciary duty. I also defended a deed from attack on undue influence and improper recording claims.

It is important to consult with lawyers experienced in handling these types of disputes, whether you are contesting or defending a transfer of land.