How can we help our elderly mother get her land, assests back that she turned over to her oldest son without realizing it?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can we help our elderly mother get her land, assests back that she turned over to her oldest son without realizing it?

The eldest son had his mom sign over all the land and assests. She currently pays the taxes on the land. No change in title/abstract has been done yet. She doesn’t remember giving him everything. She wants it to be split equally among 5 children. What can we do to help mother achieve this. Supposedly a will/trust exists that upon her death everything she owns goes to him. Her spouse died 7 years ago. Dad’s trust gave half interest of the homestead (180 acres and home) goes to this son upon mom’s death. No rent or payments have been made since (7 years ag).

Asked on June 18, 2012 under Estate Planning, Minnesota

Answers:

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

Answered 8 years ago | Contributor

From what I can gather in all of this the document that she executed was a Will only, correct?  Then she needs to go and see an attorney about doing a new Will which will state that it "revokes" the old Will.  That is all that is needed as long as she did not execute anything else, like a deed.  If she did then she should consider taking action for undue influence.  You are going to have to help here.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption