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Undue influence

Greenville, SC |

my father had bone cancer and on a lot of pain pills some times he did not know any of his children at the time he only has a few months to live. a friend of his took him to a lawyer and signed papers to sell his home very below value. no money changed hands and my father passed away 5 days later before all paper work could be completed. now this man wants the home. what can i do? i live in south Carolina

Attorney Answers 4


  1. There may not be anything the "friend" can do, if the paperwork was not completed. But this is a serious matter and you should not allow this to get out of control. You need to have your own lawyer review everything that has taken place to help you determine how to respond. If your father was also a resident of SC at the time of his death, then you should contact a lawyer in SC that specializes in probate matters.

    I am very sorry for your loss and these ongoing difficulties.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. Regardless of the validity of the alleged contract, you father's estate needs to be probated. See a local Probate Attorney. From you brief description its sounds like there are grounds to void the contract, if in fact there is one, or in some other way to set it aside. I would not delay. Its better to be out in front of this than responding to a complaint filed by the "friend."

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.


  3. If I were in your situation, I'd probably get a probate lawyer and start the probate process right away, especially if there's a home in my dad's name.

    If this information has been helpful, please indicate below. Stephen Pearcy is licensed to practice law in California. The response herein is not legal advice and does not create an attorney-client relationship. The response is for legal education and is intended to provide general information about the matter within the question.


  4. Sorry to hear about your father.
    As the other attorneys pointed out, the probate process should establish clear chain of title for the property. If there was a contract for sale that was not completed by your father, there may be no issues there. If there is no other issues, beneficiaries of the estate will take the property.
    Good Luck,

    Ian A. Taylor
    The Taylor Law Office L.L.C. | (843) 314-4313
    Pawleys Island, SC
    Estates. Probate. Adult Guardianship. Real Estate. Insurance.

    The Rules of Professional Conduct for my state only allow me to provide general legal information regarding your question. I am unable to offer my services directly or specific answers to your question. The information provided is not intended to create an attorney/client relationship and shall not be construed as legal advice. Therefore, the resources or information given is provided as general information only. I caution Askers not to attempt to solve individual problems upon the basis of the information contained therein.

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