If my mother had my father’s house transferred from my name to hers without having me sign anything, is this fraud?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my mother had my father’s house transferred from my name to hers without having me sign anything, is this fraud?
My mother and father were in the middle of a divorce but still living together when my dad committed suicide. The divorce became final a few days after he died. The papers were served the day after the funeral. In the divorce papers it is stated that my dad would keep the house and my mom would move out and immediately after his death the house was in my and my brother’s name verified this at the clerk’s office. Since then the house has been transferred into my mother’s name despite neither my brother or I transferring it. Is this considered fraud? Am I legally entitled to the home?
Asked on December 10, 2011 under Real Estate Law, Georgia
Answers:
Sharon Siegel / Siegel & Siegel, P.C.
Answered 12 years ago | Contributor
Based on your post, your father and mother were still married at the time of his death. Thus, the divorce decree would have no merit and the the deed would pass as it was titled on the date of death. There is a technical issue of whether your father signed the deed prior to death and did not record it, which is what it sounds like. You need to speak to an attorney quickly. You may need to put a lis pendence on the house or void a deed. Sharon M. Siegel, Esq. www.siegelandsiegel.com 212-721-5300
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.