What can I do to get property back that was willed to me as a child?

My grandpa died when I was not yet a teen, he willed the house that my family lived in to my brother and I! When I was over the age of 18 my mom alone told me I had to sign over the house that she had kicked me out of at 17! When we were in front of the notary I asked her what if I don't sign it over? She said I would have to pay the mortgage. She also said don't worry when your dad and I die it will be willed to all 4 of you kids my 2 sisters where her kids and there were reasons the house didn't include them! Should I have had an attorney in front of me and not the notary public???? My parents have re financed the house so much that it will have to be sold off to the bank when they die, am I just out of luck???

Huntsville, TX -

Attorney Answers (4)

John Gus Zgourides

John Gus Zgourides

Probate Attorney - The Woodlands, TX
Answered

Many questions arise. You need to talk to a probate or real estate lawyer.

John Zgourides
www.zgourides.com

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Steven John Clausen

Steven John Clausen

Probate Attorney - The Woodlands, TX
Answered

Yes you should have had an attorney when you were requested to sign house over. As a practical matter, you will have to wait to each parent dies to find out what is left to you and what it is worth. There is a legal argument that you were under duress when you were asked to sign deed under those circumstances, and the deed should be set aside but that would be a high mountain to scale and expensive to pursue not to mention all the intervening events.

James P. Frederick

James P. Frederick

Probate Attorney - Livonia, MI
Answered

I agree with my colleagues. It appears that there is nothing that you can do, at this point. Once your parents die, you may or may not have a claim on the property. As you say, there may be relatively little equity left, at that point.

James Frederick

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David M. Pyke

David M. Pyke

Probate Attorney - Dallas, TX
Answered

You have a very tough row to hoe in any scenario, but if it has been more than 4 years since you signed the deed, and your were 18 when you signed it, then I'd say your chances are zero because the statue of limitations bars any fraud claims after 4 years.

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