If my mother had my father’s house transferred from my name to hers without having me sign anything, is this fraud?

UPDATED: Dec 10, 2011

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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


Sharon Siegel / Siegel & Siegel, P.C.

Answered 11 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


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