Expert Advice When You Need It Most

What are your legal rights, if you suspect that someone has convinced an ill person to sign over there estate to them?

I have a friend who's parents are not married, and his mother is dying of brain cancer. Everything used to be in my friends and his dads name..such as the house deed and bank accounts. All of a sudden, my friends dad has since gotten everything in his name and wants to move his mother into a home, which is against her wishes. She has been given 3 months to live, and would like to remain in her home. What legal rights does my friend have to continue his moms wishes and make sure that his dad is going to get her house and all her money?

Save

Attorney answers (1)

Reputation Level 16
I would need more information before being able to fully answer the questions. For example, how were the transfers made? If the original transfers into joint names were completed, then I do not believe your friend could have been taken off the title, without his consent. If the transfers were not complete; in other words, if there were beneficiary designations or unrecorded deeds, then the mother would have retained the right to change title. If she made the transfers, then depending on the facts, there may be an argument that the mother does not know what she is doing, or that there was undue influence exerted. Or if the transfers were made by the father, under a Power of Attorney form, there may be a way to set those aside as a violation of his fiduciary duties.

On the other hand, if the mother simply wants the property to go to the father and not to be split by him and their child, then there is nothing wrong with her deciding this. Your friend is not entitled to an inheritance. If things were done properly, then he does not have any recourse.

These types of cases depend VERY heavily on the particular set of facts involved. If the mother still has her faculties, then if possible, perhaps she can clarify her intent. If not, then you would need to look at things like her condition on the date the transfers were made, who was present when it was done, how it was done, etc.

James Frederick

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now