How to prove possible undue influence regarding a real estate transaction?

UPDATED: Aug 26, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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 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.

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