What to do if my mother gifted money to me, I bought a house with it and now she’s trying to take over the house?

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What to do if my mother gifted money to me, I bought a house with it and now she’s trying to take over the house?

Then 2 months later, I purchased a home with the money she had given me. She was originally on the contract to the home I bought but before closing there was an addendum done and the name on the contract was changed from hers to mine. I then purchased the home and was granted the title by the incorporation. She is now suing me for the home that I purchased with my money, alleging that she paid for the home and then granted the title to me to avoid probate. There is nothing in writing. Is she able to sue me for the home? Wouldn’t she have to sue me for the money, if anything?

Asked on October 14, 2012 under Real Estate Law, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

She can sue you for the home if she chooses, but she is unlikely to prevail, given that there are so many better ways to avoid probate.  For example, your mother could have put the home into a revokable trust, with you as the beneficiary upon her death.  The trust would be a non-probate asset.  What your mother is alleging is rather absurd and you could probably get rid of this case with a motion for summary judgment filed in place of an answer, depending on some of the undisputed facts.


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