What to do if my mother passed away and in her Will I got her cottage but my mother had already transferred it into my sister’s name?

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What to do if my mother passed away and in her Will I got her cottage but my mother had already transferred it into my sister’s name?

My mother had cancer and was under hevy medication. She was not of sound mind. What cn I do about this?

Asked on January 2, 2013 under Estate Planning, Mississippi

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

Any transfer can be declared void if the person making the transfer lacked capacity to understand what she was doing.  It can also be declared void if she was subject to undue influence in making the transfer.  If either of these conditions apply to the deed that transferred the cottage, you can bring a lawsuit to have the deed declared void and to enforce the will.

I suggest you consult with probate litigation counsel in your mother's area about this.  They can advise you based on the all of the facts underlying this potential claim.  Good luck.


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