To be upheld as valid, evidence must establish that a deed was signed by the grantor or at the grantor’s direction.
To be valid, a deed must be signed by the grantor. However, the signature of the grantor need not be in the grantor’s own handwriting. While the statutory signature requirement may be satisfied by another affixing the grantor’s signature on the deed, the evidence must show that the grantor comprehended the deed, wanted its execution, and authorized the other to sign it.
In Byars v. Byars, the administrator of Decedent’s Estate filed a declaratory judgment action to invalidate a quitclaim deed transferring Decedent’s property to her son. It was undisputed that the signature on the deed was not Decedent’s. Thus, the issue on appeal was whether the Decedent comprehended the deed, wanted its execution, and authorized another to sign it. The Second District found there was evidence from the notary that Decedent did not appear weak or to be under the influence of force or deceit. The notary also testified as to her belief that Decedent understood the deed’s nature and consequences. However, there was no evidence that Decedent authorized someone else to sign the deed for her, because the deed was already signed when the notary arrived. Accordingly, the Second District found that the deed was invalid because it was not signed by the grantor or at the grantor’s direction.
Attorneys at Reminger have experience handling disputes and litigation arising from changes to estate plans, beneficiary designations, and transfers of property by a decedent. If you have reason to suspect wrongdoing in the transfer of assets prior to a loved one’s death, we encourage you to get in touch with our Estate, Trust, and Probate Litigation team so that we can further investigate.