What is the name of your state (only U.S. law)? TN
My situation is this. My mother was diagnosed with dementia around 1999. My brother and his family have lived with her after my dad died in 85.
My dad and mom were the owners of both the house and property which was then given fully to my mother after his death.
In the event of my mother's passing, the house and property was to be split 50-50 between my brother and I according to her will.
Around 2004 my mother was placed in a nursing home by my brother and sister in law; based on her not able to take care of herself at all - she wore diapers, fell down if not escorted etc, and or did not remember who she was in relation to all of us most of the time.
In 2005 they took her out of the home, saying they wanted family to care for her at home.
In 2006 my mother passed away at her home.
My brother and sisterinlaw still live on the property.
Earlier this year during an attempt to work out a fair agreement about splitting this property - either them buying my 1/2 or us selling it = we came to verbal disagreement and currently are no longer on speaking terms with them about this matter.
We decided to attempt to seek legal advise on how to proceed forward.
Yesterday, while going to get a copy of the deed - I found a surprise.
There was been a quickclaim deed filed in 2004, transferring the property to both my brother and sisterinlaw. I was kept in the total dark about this exchange.
I and other witnesses can claim my mother would not have been medically able to make a decision like this back in 2004.
My first question is - if my mother had full blown dementia - is this a legal document or was this signed fradulantly?
Anyone who knows my mother, knows that she would have never let this happen in her right mind, yet she was 75 at the time and very sick.
My second question is - if we can prove fraud, what would the cost of legally challenging this look like?
Thanks in advance for all your suggestions
TLWhite
My situation is this. My mother was diagnosed with dementia around 1999. My brother and his family have lived with her after my dad died in 85.
My dad and mom were the owners of both the house and property which was then given fully to my mother after his death.
In the event of my mother's passing, the house and property was to be split 50-50 between my brother and I according to her will.
Around 2004 my mother was placed in a nursing home by my brother and sister in law; based on her not able to take care of herself at all - she wore diapers, fell down if not escorted etc, and or did not remember who she was in relation to all of us most of the time.
In 2005 they took her out of the home, saying they wanted family to care for her at home.
In 2006 my mother passed away at her home.
My brother and sisterinlaw still live on the property.
Earlier this year during an attempt to work out a fair agreement about splitting this property - either them buying my 1/2 or us selling it = we came to verbal disagreement and currently are no longer on speaking terms with them about this matter.
We decided to attempt to seek legal advise on how to proceed forward.
Yesterday, while going to get a copy of the deed - I found a surprise.
There was been a quickclaim deed filed in 2004, transferring the property to both my brother and sisterinlaw. I was kept in the total dark about this exchange.
I and other witnesses can claim my mother would not have been medically able to make a decision like this back in 2004.
My first question is - if my mother had full blown dementia - is this a legal document or was this signed fradulantly?
Anyone who knows my mother, knows that she would have never let this happen in her right mind, yet she was 75 at the time and very sick.
My second question is - if we can prove fraud, what would the cost of legally challenging this look like?
Thanks in advance for all your suggestions
TLWhite