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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My parents gave me a house and a commercial building (that

Customer Question

My parents gave me a house and a commercial building (that I run my business from) in March 2012. Their will, which was made in the year 2000 stated that I am to inherit everything as my brother was well provided for. A year and half later my brother found out about this and they have now requested I return the buildings to them as they want to give them to him. They have claimed the lawyer that did the transaction did it against their wishes and it was fraud. He is being sued also. My lawyer is suggesting that I return the house to them and ask to keep the building as it is obvious they bought it for me. The legal fees are increasing to the point where it could bankrupt me. I do not know which route to take. Can a judge just decide that my parents can change their mind just like that? I have been looking after them for the most part until they both became ill and my brother found out about it and stepped back into their lives.
Submitted: 7 months ago.
Category: Canada Law
Expert:  Legal Ease replied 7 months ago.
What is your brother alleging? Is he saying your pressured them or they were not competent?
Customer: replied 7 months ago.
My father actually said I wrote the will! They are saying they were not competent as they were drinking a lot. Both were in mid 60's then.
Expert:  Legal Ease replied 7 months ago.
This is not about the Will. They are living.I am asking about what your brother is alleging happened in 2012 when they gave you the house and building and what they are alleging as well.And what is the lawyer saying who did the transfers?
Customer: replied 7 months ago.
They are alleging that I coerced them into signing everything over. The lawyer that handled the transaction stated several times that once these properties where in my name that it cannot be undone and they understood that. As this is in courts I cannot speak to the lawyer however, both our affidavits are the same.
Expert:  Legal Ease replied 7 months ago.
Then it is not likely at all that the court will agree with your parents or brother.Not only did the both have independent legal advice but the lawyer will testify that they signed freely and understood what they were doing. As well, the Will is good evidence that it was their intention for you to inherit these assets and not go to your brother. But I am not your lawyer and you do have a lawyer that is suggesting you settle and so that must mean something and you need to understand from the lawyer why your lawyer is suggesting this.

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