Parents signed an enhanced quit claim life estate deed August 2017 to only child. Father is now deceased. Mother in early stages of dementia and is now listening to other widows re: what their children have done to them re: finances. Mother now afraid child will take all her money and put her in a county home. "WOULD NEVER HAPPEN!" Mother has now consolidated all investments and accounts and turned authority over to a grandchild. Father was adamant that his child have the house and pre- promised selected items. Can mother authorize grandchild to sell house and rescind the life estate deed? Mother now does not remember signing a deed to child.
The point of a lady-bird or enhance life estate deed is that the grantor retains the all indices of ownership during the grantor's lifetime, including changing the deed at will. So, your mother being the the surviving life tenant can change the deed during her lifetime in any manner she wishes. However, you have also brought up issues of mental incapacity and undue influence. Any transfer/change in the deed can be voided If it can be proven that your mother did not have the necessary mental capacity to make that change at the time of the change or that undue influence was brought to bear. In the absence of a judicial determination of mental incapacity, this is very difficult to prove, but if you believe it is the case, you should hire an attorney to investigate the matter for you.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline