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Can my brother our mothers home that was suppose to be an estate from us by having her sign a Warranty Deed

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My father died in 1975 but in about 2003 I was staying with my mother and found that my brother was claiming her on his taxes and collecting all the bennifits .I also found that she had signed a Warranty deed to him Granting it out of the sum of love .
Plus the paper say's that it is based on the info provided by him and her only and My living sister and I are not mentioned at all is legal and what does it mean . I am on disability but was tacking care of her and paying the bills for which I have been pushed out of
Johnny Thomas

He is also smoking and allowing his son that is over 40 years old staying their and it looks like a pigs eye every time I try to do some thing I get pushed out in the fact that he has Power of Attorney over her and the place it is more than he can handle and say's that is but will not allow me or my girl friend to help.I do not smoke or drink it was my understanding that for the most the place was left as an estate .Now what are my rights and what do I do to find out what to do as ever thing I try to do he say's I am a liar or will not move over for me to help now today he is putting her into a nursing home

Attorney Answers 3


  1. Best answer

    As to your rights, there are a number of concerns, but I would suspect you will need to make an appointment soon at the office of an attorney on this network that does trust and estates litigation, there are several. Your counsel will explain rights and liabilities under the following possible causes of action after he/she fully explores your matter; you will have to negotiate the fee be it contingent or flat fee however: here are some possible causes for you to follow if you and your mother are Florida residents:
    a. Constructive/ resulting trust;
    b. Tortious Interference with right to inherit;
    c. Possible invalidity of deed and other documents if you can prove your mother's incapacity at the time of her execution of the Deeds and other documents;
    d. You may proceed with full Guardianship in the county where she is located and attempt to invalidate any "Pre-Need" Guardianship documents she may have executed;
    e. Fraud perpetrated upon the IRS - You can look at the IRS online forms Website for "whistleblower" type forms.
    f. Exploitation of elderly F.S. 772.11; 775.0844; and 825.103, if the facts fit the elements needed.

    You may be able to contact the Adult Protective Services agencies in your area, they may be able to help some, given the right circumstances - look them up online or the yellow pages in your county.

    Hope this helps. and if so please mark same below.

    An attorney-client relationship has not been established herein and must not be considered legal advice. Licensed attorneys in the appropriate jurisdiction must review all the facts involved and search out the best and most efficient method to proceed. If tax matters have been answered then the above cannot be used to avoid tax related penalties. Please act accordingly.


  2. As to your rights, there are a number of concerns, but I would suspect you will need to make an appointment soon at the office of an attorney on this network that does trust and estates litigation, there are several. Your counsel will explain rights and liabilities under the following possible causes of action after he/she fully explores your matter; you will have to negotiate the fee be it contingent or flat fee however: here are some possible causes for you to follow if you and your mother are Florida residents:
    a. Constructive/ resulting trust;
    b. Tortious Interference with right to inherit;
    c. Possible invalidity of deed and other documents if you can prove your mother's incapacity at the time of her execution of the Deeds and other documents;
    d. You may proceed with full Guardianship in the county where she is located and attempt to invalidate any "Pre-Need" Guardianship documents she may have executed;
    e. Fraud perpetrated upon the IRS - You can look at the IRS online forms Website for "whistleblower" type forms.
    f. Exploitation of elderly F.S. 772.11; 775.0844; and 825.103, if the facts fit the elements needed.

    You may be able to contact the Adult Protective Services agencies in your area, they may be able to help some, given the right circumstances - look them up online or the yellow pages in your county.

    Hope this helps. and if so please mark same below.

    An attorney-client relationship has not been established herein and must not be considered legal advice. Licensed attorneys in the appropriate jurisdiction must review all the facts involved and search out the best and most efficient method to proceed. If tax matters have been answered then the above cannot be used to avoid tax related penalties. Please act accordingly.


  3. Yes you should see an attorney, but bear these things in mind:
    1. If he is providing the right level of support, he may be entitled to claim her as a dependent for federal income tax purposes.
    2. She is entitled to make any estate plan she wants, even if it excludes you, and if that includes giving him the house, that is her choice. The sum of "love" means the deed is intended as a gift, and as long as it is properly prepared and delivered to him, may be entirely valid. However if there has been any fraudulent inducement or similar improper inducement and this is not "really" her choice, then before she passes may be the only time to act.
    3. If you have provided the right level of support, then you may be able to claim her as a dependent for federal income tax purposes. But both of you can't.

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