What is the name of your state? Michigan. I am settling my father's estate and discovered that 11 years ago when my mother died we made an error with respect to the sale of their home that was deeded to my mother and myself. It was joint tenants with rights of survivor being myself. We consulted with the family attorney who advised to deed the property back to my father who could take the one time sale of a home without worrying about capital gains etc. We did that. What I did not know at the time that in 1973 my parents had given me an 86% share in the home and filed the 709 gift tax form for the IRS. Had I know that I would not have signed over the home. My father sold the home and told me that he would put my name on other properties or get the money when he died. I agreed to this as neither myself or father remembered about the 709 and the lawyers did not check their file. What if any recourse do I have with respect to my loss of the sale of the home and or using this amount to decrease the taxable amount in my father's estate?