Undue influence

Asked almost 2 years ago - 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. 7

    Lawyers agree

    Answered . 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. ******... more
  2. 6

    Lawyers agree

    Answered . 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... more
  3. 2

    Lawyers agree

    Answered . 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... more
  4. 3

    Lawyers agree

    Answered . 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... more

Related Topics

Estate planning

Estate planning refers to the process in which you decide and document what happens to your assets after you die, by making things like wills or trusts.

Undue influence and wills

If there is evidence of undue influence, wills can be declared invalid. This may reinstate a previous will, or leave distribution in the hands of the state.

Adrian Philip Thomas

Florida Probate Caveat

CAVEATOR BEWARE:Rocca v. Boyansky, 80 So.3d 377 (Fla. 3d DCA 2012) Matthew Rocca is the grandson of decedent, Sidney Boyansky.Sidney had included Matthew in his estate planning documents... more

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