My mother died in Sept. 4 2014 my brother had her sign a QCD in May 2014 WHILE IN NURSING HOME AND NOT COHERENT AND had recorded in record of Deeds BUT: my mother signed and dated it May 2014 NOTARY SIGNED AND DATED STAMP EXPIRES AUG. 2011 SO DOESN'T MAKE IT NO GOOD? Also Now my Brother died 7/01/2021 and his " FRIEND" got paperwork in the house copied off QCD and used same paper same Notary but commission expired 8/2018?? And had it recorded 7/06/2021? My Mother also has a mortgage on the property in which I am 3 party sent in my Mother's & Brother's death certificate and my POA paperwork from Macomb County Probate.. My question is if the 1st Quit Claim Deed isn't Valid then the 2nd one from his friend Forged isn't NO GOOD RIGHT??
So brother being able to get a quick claim deed should not have been allowed if Mom was still paying on a Mortgage. Also, if Mom was not competent to sign a contract, as in Dementia or not coherent. And because you pay a Mortgage does not mean your on the Deed. And the deed determines ownership.
Once a person dies, so does the POA. If there is a Will there's usually an executor and that person now takes care of the estate. No Will and an estate, someone has to become Administrator and get a short certificate to handle the estate. The State determines who inherits.
I think before you see a lawyer you need to set up a timeline. I really don't think what brother did in having Mom sign a quick deed is relevant now since he is gone. If the Notary stamped said 2011 and Mom signed in 2014, from what I read the Notary's commission had expired so was not valid. A notary also must be present to confirm Mom is who she is and her signature is valid. This should all be dealt with in 2014.
Was Mom sole owner of the house, her name the only one on the deed and the Mortgage? If there was a Mortgage upon her death, who continued to paid it? If still a Mortgage now, who is paying it?
Your problem now is the forgery. Who really owns the house? Who is on the tax records of legal owner? Who names are on the mortgage? Because, if my name is not on the mortgage and I am not on the deed or tax records, I may just let the house go since you can't afford a lawyer. If your on the deed and the Mortgage thats what needs to get straightened out. You can always just turn your share of the deed over to the forger because you will be held responsible for the taxes and water bill. The Mortgage is something different.
"A Quitclaim Deed Affects Ownership and the Name on the Deed, Not the Mortgage" So this means the forger could own the house but not have to pay the Mortgage. So, if your now paying it, you paying for a stranger living in the house. To me this is your problem and the need for a lawyer. Call your Office of Aging and see if they have a number for legal aid. Get an appt and have your ducks in a row. A copy of the original deed. A copy of the Mortgage. Death certificates. What ever you think relevant. Proof of the QD for brother and forger. You have a very confusing case so I would do as much research as I could before seeing a lawyer.
This sort of litigation where signatures/mentation is in question can be costly requiring witnesses, etc. They can run to 10,000. I would be surprised if any would take this for no fee. Consider seeing a probate attorney for an hour of advice. May run you 400.00 but you would know what you are looking at and whether there is a way to move forward.
I sure do wish you luck.
Your question is too complex to ask a global, anonymous forum where there is no recourse if you are given inaccurate advice.