Questions about property in a will

[roberth48]

What is the name of your state (only U.S. law)?
texas

My grandmother completed a will years ago and in the will she left her home and some plots to my mother and if my mother had passed, then I would be the benificary.

My mother and her sister had a falling out years ago and have not talked in years. In addition, my aunt is the primary caregiver for my grandmother.

My question is this:
My aunt somehow got my grandmother to sell (or give) the property and plots to my cousin (my aunt's daughter). We would like to know if we have a chance of disputing this and what do we need to do if we did dispute it.

The property is not worth much. My mother just thinks that my aunt has taken advantage of my grandma and somehow manipulated her to do this. And she feels that my grandfather and grandmother had made this decision years ago and it should stand. Also, my aunt is a stepsister (grandma had her by another man before she married my grandfather) and was not adopted by my grandfather. Yet in the paperwork that we have been able to view show that she says she is daughter of both my grandparents and that she did want anything from my grandparent's estate so grandma gave her daughter the house and plots. Is this fraud to say that you are the daughter of both people when in fact you are not and?

[anteater]

My question is this:
My aunt somehow got my grandmother to sell (or give) the property and plots to my cousin (my aunt's daughter). We would like to know if we have a chance of disputing this and what do we need to do if we did dispute it.

There isn't nearly enough information to even hazard a guess whether you have a chance. The two primary possible grounds would involve: 1) the mental competence of your grandmother; 2) undue influence on the part of your aunt.

Either way, you could expect to spend a pretty fair amount in legal fees and, if the property is not worth much, it may not be worth it.

Yet in the paperwork that we have been able to view...

What paperwork?

Is this fraud to say that you are the daughter of both people when in fact you are not?

Probably irrelevant.

[tranquility]

I agree with anteater. It is a grandmother/competency thing and not a legal issue.

[roberth48]

Originally Posted by tranquility

I agree with anteater. It is a grandmother/competency thing and not a legal issue.

So grandmother/comptency is not a legal issue? What is it?



Also anteater, I am checking on what documents that my parents have viewed but I believe they have something to with transfer of ownership paperwork. (am checking)

This is great to get responses!

Thanks

[latigo]

While you are mulling over your options, just do not place any stock in the provisions in grandma’s will.

Because a will is useless to anyone other than the maker until the maker’s subsequent demise and the instrument is either (1) admitted to probate as the last will and testament of the deceased, or (2) the will is referenced as the basis for distribution of a “small estate” under applicable state law.
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In response to your question, “can we somehow dispute the transfer of the property” –

Unless “we” includes grandma or her court appointed conservator, the answer is no.

The only person that would have legal standing to even attempt to rescind and set aside the transfer on allegations of undue influence or fraud would be the transferor herself. Or a third person officially representing the interests of the transferor.

And such a third person could only legally act in that capacity if he or she were a court appointed conservator acting in the stead of the ward who has been declared incompetent. (Some states vest a guardian with that authority.)

The point I’m trying to make here is that because grandmother was the sole owner of the property - she is the only person that would be directly affected by the outcome of any legal action against the cousin/aunt in an attempt to set aside the conveyance.

She would be considered as “the real party in interest” and no one but the real party in interest could pursue the lawsuit.

But say, if you were appointed her conservator/guardian, then you could bring the lawsuit in her name.

However, this is just theory. Converting theory to a practical usage will be time consuming and costly. A medical would have to examine her and declare grandma incompetent; the court would need to appoint her an attorney; court hearing; bond posted perhaps, etc., etc.

And all of that before you got to the nut of the problem: Getting the property back in grandma’s name.

Plus in the interim the cousin could sell it to a bona fide purchaser for value and it would be out of reach.