What to do if a POA unduly influenceda metallyincapacitated person to transfer their property?

My grandmother passed away without a Will and my father is deceased. Priot to thatr she was diagnosed with Alzheimer’s and dementia, an uncle had her sign about half of the property in his name. 5 years later he got POA and signed another large amount to another uncle. She passed away with only a little property left in her name. I feel like both my uncle’s did some scheming to exclude me from my dad’s share. Could they legally have had the property signed over while my grandmother had Alzheimer’s or even get POA? I had to search public records for all this information; they didn’t inform me of anything and they don’t know that I know.

Asked on September 2, 2011 under Estate Planning, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you wish to contest the prior transfers of real property by your grandmother who passed away without a will to your uncle on the grounds that he lacked the legal capacity to make the transfers, you will have to get expert medical witnesses (typically her treating physicians at the time of the transfers) to give opinions that she did not have the requisite mental capacity to know what she was doing when she signed the deeds to your uncle and when she gave the power of attorney.

You will also have to review the power of attorney to determine if your uncle exceeded his designated powers.

The type of action to unravel the deed transfers to your uncle is a very time consuming and expensive thing to undertake let alone prove now that your grandmother has passed away.

Good luck.

 


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