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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

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Attorney answers 4


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

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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."

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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.


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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