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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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.


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 lock Secured with SHA-256 Encryption