1 of 4 daughters talked mom into signing over the house solely to her in attempt to take all inheritence

[gmcpower]

We live in Michigan. So, the sister and her husband took advantage of mom's fragile mental condition and talked her into putting only her on the title of the house. Mom passed away shortly after. does she legally get the house and all inside? Are they guilty of elder abuse or conspiracy to commit fraud? the 3 remaining daughters are afraid that the one will get ALL of the inheritance. Should we go to probate court?

 

[Ohiogal]

We live in Michigan. So, the sister and her husband took advantage of mom's fragile mental condition and talked her into putting only her on the title of the house. Mom passed away shortly after. does she legally get the house and all inside? Are they guilty of elder abuse or conspiracy to commit fraud? the 3 remaining daughters are afraid that the one will get ALL of the inheritance. Should we go to probate court?

Your sister owns the house. The belongings inside the house that belonged to your mother need probated but is it worth it? Seriously... is it worth it? You are not OWED anything for being born and having a parent die. As for whether they are guilty of elder abuse -- where were you and the other siblings while your mother was allowed? How involved were you? How often were you visiting or talking to your mother? What evidence do you have of elder abuse or fraud? What was your mother's provable fragile mental condition? What did you do at the time due to her fragile mental condition?

 

[LdiJ]

We live in Michigan. So, the sister and her husband took advantage of mom's fragile mental condition and talked her into putting only her on the title of the house. Mom passed away shortly after. does she legally get the house and all inside? Are they guilty of elder abuse or conspiracy to commit fraud? the 3 remaining daughters are afraid that the one will get ALL of the inheritance. Should we go to probate court?

If the house is deeded in the name of the one sister then the house is her property and the contents as well. Unless you can prove that your mother was coerced into doing it fraudulently then it stands. It could be very expensive to fight. You would need an attorney to have any hope of fighting it.

 

[quincy]

If the house is deeded in the name of the one sister then the house is her property and the contents as well. Unless you can prove that your mother was coerced into doing it fraudulently then it stands. It could be very expensive to fight. You would need an attorney to have any hope of fighting it.

The contents in the house are separate from the house.

 

[Ohiogal]

If the house is deeded in the name of the one sister then the house is her property and the contents as well. Unless you can prove that your mother was coerced into doing it fraudulently then it stands. It could be very expensive to fight. You would need an attorney to have any hope of fighting it.

Not the contents. The house being deeded only covers the house, as Quincy said. But it would be expensive to fight. And even then, she better have very strong evidence of fraud or what have you.

 

[zddoodah]

So, the sister and her husband took advantage of mom's fragile mental condition and talked her into putting only her on the title of the house. Mom passed away shortly after.

On what date did your mother sign the deed?

On what date was the deed filed/recorded?

On what date did you learn this had happened?

What was your mother's date of death?

Please elaborate about your mother's "fragile mental condition," including the date(s) of any relevant medical diagnoses.

does she legally get the house and all inside?

Your mother gave the house to your sister, so yes, it's her unless someone can either convince her to do something else with it or proves in a court that something legally improper occurred. The contents of the house are a separate matter. If they belonged to your mother, then they are the property of her estate. If they belonged to someone else, then that person or those persons will continue to own them.

Are they guilty of elder abuse or conspiracy to commit fraud?

No one here could possibly render an intelligent opinion about this based on the limited information provided.

Should we go to probate court?

You've told us nothing about your mother's estate, so we have no way of knowing whether probate is or may be necessary. What is the approximate value of your mother's estate (not including the house)?

If you believe your sister did something wrong in connection with the transfer of title of the house, then yes, you ought to at least consult with a local attorney.

 

[gmcpower]

Thank you, Nothing of much value as far as contents. At the time mom was mad at the world except current caregiver (daughter).

ALL daughters contributed equally in the recent past.

 

[Zigner]

Thank you, Nothing of much value as far as contents. At the time mom was mad at the world except current caregiver (daughter).

ALL daughters contributed equally in the recent past.

Being "mad at the world" doesn't make one legally incompetent, nor does it even, by itself, indicate incompetence.

 

[adjusterjack]

At the time mom was mad at the world except current caregiver (daughter).

And that was the daughter that got the house?

Mom might not have been so fragile after all.

 

[zddoodah]

At the time mom was mad at the world except current caregiver (daughter).

That suggests that she was mentally competent since her action was consistent with her state of mind.

ALL daughters contributed equally in the recent past.

Contributed to what?

Is there some reason you chose to ignore the questions I asked in my prior response?

 

[not2cleverRed]

ALL daughters contributed equally in the recent past.

Define "contributed equally", because in my personal experience that would be the exception, not the rule. In fact, I have even experienced a situation where the sibling whose household contributed the least believed that they contributed the most.