Signing over a house a month before passing

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Signing over a house a month before passing

My mom passed and left a Will. However, a month before she passed she signed her home over to my brother. He recently sold it. Am I entitled to half? She had cancer really bad and I don’t think she knew what she was doing. He doesn’t talk to me and her lawyer won’t return my calls.

Asked on October 10, 2017 under Estate Planning, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

So long as the house was deed over prior to your mother's death, her Will has no effect on the transfer. In other words, your brother's ownership cannot be challenged; you have no rights to the house. That is unless you feel that she was not competent (i.e. of sound mind) when she signed over title to her house or was in some way coherced to do so by your brother. At this pont, you should discuss the details of your siduation diretly with a prbate attorney; they can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

So long as the house was deed over prior to your mother's death, her Will has no effect on the transfer. In other words, your brother's ownership cannot be challenged; you have no rights to the house. That is unless you feel that she was not competent (i.e. of sound mind) when she signed over title to her house or was in some way coherced to do so by your brother. At this pont, you should discuss the details of your siduation diretly with a prbate attorney; they can best advise you further.


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