Cousin took advantage of my elderly mother in intensive care and had her quick claim her house to her.

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Cousin took advantage of my elderly mother in intensive care and had her quick claim her house to her.

My mom died two weeks later after signing. I am the only child and was not aware this happened. The house was part of a trust. The home was to go to my son and nephew. My mom was unable to read or know what she was signing. How do I fight this?

Asked on July 2, 2009 under Estate Planning, California

Answers:

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

Answered 11 years ago | Contributor

I am not admitted in California but you have to find a lawyer fast. Did the trust dissolve upon your Mother's death? Who is the trustee?  The trust should give the trustee the right to do what is necessary to protect the assets in the trust.  If one of the assets was fraudulently conveyed because of undue influence then the trustee can have the conveyance set aside.  This can also be done by someone appointed as executor of your mother's will or administrator of her estate.  You will need to prove that she did not have the capacity to sign the deed and if all you say is true, the hospital records are a good start.  Good luck.

 

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

Answered 11 years ago | Contributor

I am not admitted in California but you have to find a lawyer fast. Did the trust dissolve upon your Mother's death? Who is the trustee?  The trust should give the trustee the right to do what is necessary to protect the assets in the trust.  If one of the assets was fraudulently conveyed because of undue influence then the trustee can have the conveyance set aside.  This can also be done by someone appointed as executor of your mother's will or administrator of her estate.  You will need to prove that she did not have the capacity to sign the deed and if all you say is true, the hospital records are a good start.  Good luck.

 


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