TRY ME!
Motion Contesting Forged Deed
Summary
To contest a forged quitclaim deed in Texas, file a motion under Government Code section 51.093 and Senate Bill 885. Include an Affidavit of Facts to support your claims. Mention jurisdiction and venue if you have recorded complaints. Legal documents should focus on facts and legal arguments, not prayers. Consult a lawyer for personalized advice.Full Conversation
I'm in Texas. I need a template for a motion Government Code section *.* for a forged quitclaim deed that also does not comply with Senate Bill *. The independent executrix filed a quitclaim deed from 35 years ago from my mother to my father, which also would require his signature because they divorced and the property was split. The Quitclaim deed was for my mother to relinquish her rights. The divorce was 11 years prior to this fake Quitclaim deed. Both parents were deceased over 10 years after being recorded. You also cannot record a Quitclaim deed after probate is open with the property in the probate
Hi ****, here's some general information on filing a motion under Texas Government Code section *.* and Senate Bill *. It's critical to consult with an attorney for customized legal advice. Below is a simplified template to get you started:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Court’s Name]
[Court’s Address]
[City, State, ZIP Code]
Re: Motion to Contest Forged Quitclaim Deed Under Government Code Section *.* and Senate Bill *
Case No.: [Your Case Number]
Honorable [Judge’s Name]:
I, [Your Name], hereby file this motion to contest the forged quitclaim deed filed by the independent executrix, under Government Code section *.* and Senate Bill *. The quitclaim deed in question does not comply with applicable legal standards for the following reasons:
- The quitclaim deed was allegedly signed 35 years ago by my mother, relinquishing her property rights to my father.
- At the timeof the alleged quitclaim deed, my parents were divorced, and the property was split, requiring both their signatures.
- The divorce occurred 11 years prior to the date of the alleged quitclaim deed.
- Both parents have been deceased for over 10 years since the recording of this deed.
- A quitclaim deed cannot be recorded after probate has been opened with the property included in the probate estate.
Given these irregularities, I request the court to:
*. Nullify the forged quitclaim deed.
*. Impose appropriate legal sanctions on the independent executrix.
*. Ensure proper distribution of the property according to valid probate laws.
Respectfully submitted,
[Your Signature]
[Your Printed Name]
---
Would you like more specific details added, or do you have another question regarding this situation?
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Court’s Name]
[Court’s Address]
[City, State, ZIP Code]
Re: Motion to Contest Forged Quitclaim Deed Under Government Code Section *.* and Senate Bill *
Case No.: [Your Case Number]
Honorable [Judge’s Name]:
I, [Your Name], hereby file this motion to contest the forged quitclaim deed filed by the independent executrix, under Government Code section *.* and Senate Bill *. The quitclaim deed in question does not comply with applicable legal standards for the following reasons:
- The quitclaim deed was allegedly signed 35 years ago by my mother, relinquishing her property rights to my father.
- At the timeof the alleged quitclaim deed, my parents were divorced, and the property was split, requiring both their signatures.
- The divorce occurred 11 years prior to the date of the alleged quitclaim deed.
- Both parents have been deceased for over 10 years since the recording of this deed.
- A quitclaim deed cannot be recorded after probate has been opened with the property included in the probate estate.
Given these irregularities, I request the court to:
*. Nullify the forged quitclaim deed.
*. Impose appropriate legal sanctions on the independent executrix.
*. Ensure proper distribution of the property according to valid probate laws.
Respectfully submitted,
[Your Signature]
[Your Printed Name]
---
Would you like more specific details added, or do you have another question regarding this situation?
Do I need an Affidavit of facts as well
Yes, it's generally helpful to include an Affidavit of Facts to support your motion. This document should provide a detailed, sworn statement of the facts surrounding the forged quitclaim deed. It can add credibility to your claims and assist the court in making an informed decision.
Would you like a simple template for an Affidavit of Facts?
Would you like a simple template for an Affidavit of Facts?
Yes
Sure, here's a simple template for an Affidavit of Facts:
---
Affidavit of Facts
State of Texas
County of [County Name]
I, [Your Name], being duly sworn, depose and say:
*. Personal Information:
- My name is [Your Name].
- My address is [Your Address].
*. Background:
- I am the [relationship to the deceased, e.g., son/daughter] of [Mother's Name] and [Father's Name].
- My parents were divorced on [Date of Divorce].
*. Details of the Forged Quitclaim Deed:
- The quitclaim deed in question was allegedly signed by my mother on [Date], relinquishing her property rights to my father.
- At the time of the alleged quitclaim deed, my parents were divorced, and the property was split, requiring both their signatures.
- The divorce occurred 11 years prior to the date of the alleged quitclaim deed.
- Both my parents have been deceased for over 10 years since the recording of this deed.
*. Probate Details:
- The property in question is included inthe probate estate, which was opened on [Date of Probate Opening].
- A quitclaim deed cannot be recorded after probate has been opened with the property included in the probate estate.
*. Request for Relief:
- I request that the court nullifies the forged quitclaim deed.
- I request appropriate legal sanctions on the independent executrix.
I swear under penalty of perjury that the foregoing is true and correct.
[Your Signature]
[Your Printed Name]
[Date]
Notary Public:
Subscribed and sworn before me on [Date].
---
Would you like any additional information or clarification?
---
Affidavit of Facts
State of Texas
County of [County Name]
I, [Your Name], being duly sworn, depose and say:
*. Personal Information:
- My name is [Your Name].
- My address is [Your Address].
*. Background:
- I am the [relationship to the deceased, e.g., son/daughter] of [Mother's Name] and [Father's Name].
- My parents were divorced on [Date of Divorce].
*. Details of the Forged Quitclaim Deed:
- The quitclaim deed in question was allegedly signed by my mother on [Date], relinquishing her property rights to my father.
- At the time of the alleged quitclaim deed, my parents were divorced, and the property was split, requiring both their signatures.
- The divorce occurred 11 years prior to the date of the alleged quitclaim deed.
- Both my parents have been deceased for over 10 years since the recording of this deed.
*. Probate Details:
- The property in question is included inthe probate estate, which was opened on [Date of Probate Opening].
- A quitclaim deed cannot be recorded after probate has been opened with the property included in the probate estate.
*. Request for Relief:
- I request that the court nullifies the forged quitclaim deed.
- I request appropriate legal sanctions on the independent executrix.
I swear under penalty of perjury that the foregoing is true and correct.
[Your Signature]
[Your Printed Name]
[Date]
Notary Public:
Subscribed and sworn before me on [Date].
---
Would you like any additional information or clarification?
Do I need to say a prayer in either of the documents
No, you don't need to include a prayer in either the motion or the affidavit. Legal documents typically don't require prayers. They focus on presenting facts and legal arguments.
Would you like to know more about any other part of this process?
Would you like to know more about any other part of this process?
Do I need to state anything about jurisdiction or venue since I have several complaints already recorded and cited
Yes, you should mention jurisdiction and venue in your motion if you have recorded complaints. It establishes the court's authority over the case and assures that the matter is being heard in the correct location.
Would you like guidance on how to word this section?
Would you like guidance on how to word this section?
Yes
Sure thing, ****! Here's how you can word the section on jurisdiction and venue for your motion:
---
Jurisdiction and Venue
This Court has jurisdiction over this matter pursuant to Texas Government Code section *.* and Senate Bill *. Venue is proper in this Court as the property in question is located within this jurisdiction, and the probate proceedings and related complaints have been filed here.
---
Would you like any further details on this or any other part of the process?
---
Jurisdiction and Venue
This Court has jurisdiction over this matter pursuant to Texas Government Code section *.* and Senate Bill *. Venue is proper in this Court as the property in question is located within this jurisdiction, and the probate proceedings and related complaints have been filed here.
---
Would you like any further details on this or any other part of the process?
I'm good thanks
It sounds like you have a solid foundation for your case, ****. Remember, while templates and general information are helpful, consulting with a lawyer can provide tailored advice and ensure all legal requirements are met. If you have any more questions or concerns in the future, feel free to reach out. Good luck!
Start a new chat