If my dad’s put his real property into my sister’s nameonly 90-days prior to his passing and he was in a fragile mental state, can I force the property back into his estate?

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If my dad’s put his real property into my sister’s nameonly 90-days prior to his passing and he was in a fragile mental state, can I force the property back into his estate?

My dad was staying with my sister. She was acting as caregiver. She had hospice in twice a week starting about 4 months prior to his death. She had her name put on his bank accounts. I had POA for a number of years before all this took place. I was never notified that dad had revoked my POA. My sister did all of this without notifying me of what was going on. My dad’s competency is also an issue. Never was officially declared but numerous can testify to his mental state.

Asked on August 4, 2010 under Estate Planning, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your loss and for you troubles.  If you believe that the transfer of assets was done through "undue influence" of your sister based upon the mental state of your Father then yes, you can challenge the transfer of the assets.  As for whether or not the court will void the transfers and have the assets placed back as part of the estate, that will depend on the facts and your state law.  Is there a Will? Are you the executor of the estate?  The best person to challenge the transfer is the personal representative of the estate.  That challenge will be paid for by estate assets.  Otherwise, you will have to hire an attorney your self - and pay for it - to challenge the transfers.  In the long run it could be worth it if the value of the estate will be increased.  Get legal help.  Good luck.


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