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  1. #1
    franticfeline Guest

    Property signed over under Duress

    What is the name of your state?What is the name of your state?What is the name of your state? North Carolina

    My soon to be father in law signed over his home to his daughter because she and a sister-in-law told him if he didnt he could lose his home if he became hospitalized. They nagged him for weeks. He was ill at the time and not thinking straight so he signed the deed over. Dad feels he was pressured and not thinking right as he was under a great deal of pressure and stress. The deed has all ready been filed in the clerk's office. How can he get his home back?
  2. #2
    nextwife is offline Senior Member
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    He should talk to an attorney.
  3. #3
    rmet4nzkx is offline Senior Member
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    You didn't say how old your soon to be father is, if he is elderly or otherwise qualified due to diminished capacity then there are laws designed to protect in such cases, goto North Carolina family laws information: ... Elder abuse also includes financial exploitation, or misuse of property by fraud, trickery, duress, or force. [url]http://www.lawsdictionary.com/North-Carolina-family-laws.html[/url]

    It is legal and frequently the case that property is transferred and living trusts set up as people age to lessen the impact of taxes on their heirs, in this case possibly to insure his biological children were entitled to their inheiritance with an impending marriage or possibility of catostrophic illness. If he truly was not capable of giving his free informed consent as a result of undue influence, then an attorney will have to help resolve this issue. Is he being forced from the house or the house put up for sale, if so then an restraining order may be obtained as well? If you think this is elder abuse, then call adult protective services.
  4. #4
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by rmet4nzkx
    You didn't say how old your soon to be father is, if he is elderly or otherwise qualified due to diminished capacity then there are laws designed to protect in such cases, goto North Carolina family laws information: ... Elder abuse also includes financial exploitation, or misuse of property by fraud, trickery, duress, or force. [url]http://www.lawsdictionary.com/North-Carolina-family-laws.html[/url]

    It is legal and frequently the case that property is transferred and living trusts set up as people age to lessen the impact of taxes on their heirs, in this case possibly to insure his biological children were entitled to their inheiritance with an impending marriage or possibility of catostrophic illness. If he truly was not capable of giving his free informed consent as a result of undue influence, then an attorney will have to help resolve this issue. Is he being forced from the house or the house put up for sale, if so then an restraining order may be obtained as well? If you think this is elder abuse, then call adult protective services.
    You wanted this brought up again, good luck!

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