I and my two older brothers were willed a house. They didn’t want it but I did. While I was out of state, my now deceased parents decided to sell it without my knowledge. My mother forged my signature on legal documents. Can I get the house back?

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I and my two older brothers were willed a house. They didn’t want it but I did. While I was out of state, my now deceased parents decided to sell it without my knowledge. My mother forged my signature on legal documents. Can I get the house back?

Willed a house. Sold without my
knowledge. My signature forged. No
compensation received. Individuals who
sold the house deceased. Want the
house. No. Need the house.

Asked on July 1, 2016 under Estate Planning, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the buyer bought the home in good faith (that is, believing it was a legitimate transaction and that was your signature) and paid fair market value for the home, you cannot get the home back. The law does not let you take it away from an innocent buyer who paid for it good faith. If your brothers participated in the fraud, you may be able to sue them for compensation; it's possible that you could also sue your parent's estate for compensation, too. If you wish to explore this option, you should consult in detail with an attorney, bringing with you all documentation.


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