How to prove possible undue influence regarding a real estate transaction?
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How to prove possible undue influence regarding a real estate transaction?
My brother moved into my mom’s home to take care of her. He put her in a nursing home 3 years ago and she sold him the home for $1 shortly after. Is this transaction legal for the house to be sold 2 months after he placed her in the nursing home?
Asked on August 26, 2011 Massachusetts
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Whether or not your mother understood the one dollar ($1.00) sales price of her home and agreed to it will need to be determined by a physician's opinion as to whether or not he was mentally competent at the time of the "sale" and what the relationship has been between her and your brother. The best means to establish this would be through your mother's main physician who has been treating her over the years.
If your mother and brother have had a close and good relationship over the years, then the one dollar ($1.00) sale of the property may have been a "gift" for all intents and purposes for various reasons such as to keep her estate from being eroded by creditor claims and bills.
Whether or not the one dollar ($1.00) sale was proper, had a specific purpose and was not the result of undue influence will need to be established through medical opinions of her mental condition at the time the "sale" occurred.
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