If my mother is terminally ill and her brother convienced her to sign over her property to him, how can I get it back before she dies?

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If my mother is terminally ill and her brother convienced her to sign over her property to him, how can I get it back before she dies?

Asked on May 7, 2012 under Estate Planning, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The first thing that you need to do in the event you want to unwind the transfer of the legal title of the property from your terminally ill mother to your brother is to have her treating doctor write a report that your mother is not mentally competent presently and has not been so since a specified date before the transfer of title and state the reasons for such.

Assuming you have a power of attorney concerning your mother or are named as the executor or trustee of her trust, you would then need to file a lawsuit against the brother (your uncle) as the real party in interest of your mother's estate and record a lis pendens on the property to prevent its sale.

Given the complications of the matter that you have written about, I suggest that you consult with a Wills and trust attorney about the matter as soon as possible.


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