How do you revoke/reverse a gift deed?

Power of attorney was used to transfer land from mother (wife) to daughter from incapacitated step-father. Father’s will revealed land was for son. Mother will revoke or does daughter have to give back?

Asked on November 4, 2011 under Real Estate Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The first thing that needs to be looked at is the power of attorney given to the mother by the father and the scope of powers allowed. Meaning, did the mother have the power to transfer property of the father? If so, was the father mentally competent when he signed the power of attorney?

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