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Improper transfer of real estate

Question Details: My mother quit claimed her house over to my brother while she was in a convalescent home. She was not aware of what she was signing. My brother has been living in the house rent free for ten years.My mother has been living with her sister for the same amount of time This was done 3 years ago I found out about it last year. She recently passed away her will says her assets should be divided equally between her two sons. My brother does not want to give me my half of the house what recourse do I have?

Asked 10/26/2009 under Wills, Trusts, Probate | 206 View(s) | More Legal Topics

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M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney Answered 2 years ago | Contributor

I am not admitted in Connecticut.  I am sorry for your loss.

Who is listed as the executor of the estate?  The personal representative has broad power to do what is necessary to administer the wishes of the decedent under the will.  The personal representative also has the power to bring an action to set aside the transfer of the house if it was not on the up and up.  There have to be grounds to set it aside which may involve the mental state and capacity of your Mother, fraud, undue influence, etc.

Seek legal help in your area as soon as possible.  

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