If your parents were ill when they signed a quitclaim deed, is that valid?

UPDATED: Oct 1, 2022

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If your parents were ill when they signed a quitclaim deed, is that valid?

Both parents were ill; 1 had early to moderate stage of dementia and 1 was dying from cardiac problems. They signed quitclaim deed 4 years ago. They were originally going to sell the property because they were in debt and then were convinced to sign over their property after giving permission to pay back taxes and do repairs to the property.

Asked on May 31, 2019 under Real Estate Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF you can show, with medical testimony and evidence (e.g. of doctors then treating them) that they both lacked mental capacity--that is, they were mentally incompetent and did not understand what they were doing--that could invalidate the dead. But it's not enough to show that one had dementia: you can have dementia at a moderate stage and still be legally considered mentally competent. And a cardiac problem, even one leading shortly to death, does not by itself have anything to do with mental capacity--dying people can and constantly do enter into contracts and wills, buy, sell, or transfer property, etc. You'd have to show, as stated that they both were mentally incompetent when they executed the deed.

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