What can I do to get my inheritance if my sister manipulated and threatened my parents into signing a living estate with only her name so I’m now left with nothing?
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What can I do to get my inheritance if my sister manipulated and threatened my parents into signing a living estate with only her name so I’m now left with nothing?
Asked on February 25, 2015 under Estate Planning, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
A transfer of property is not valid if it was the product of coercion (e.g. threats of violence of improper legal action) or "undue influence," which means influence wielded by someone with disproportionate power over the person, such as an adult child who was also caregiver for a vulnerable senior. However, "emotional blackmail" or manipulation does not invalidate a transfer, so your sister could have said, for example, that she will not let your parents see her children (their grandchildren) unless they give her what she wants--that may be immoral, but it is legal. So the issue is: what exactly did your sister do? To evaluate whether it might provide grounds to invalidate the transfer, you should consult with an attorney and discuss the specific facts of the case in detail.
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