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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54026
Experience:  29 years of experience practicing law, including tax and estate planning.
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My Father died on 8/17/2013, he was 85. There are 5 daughters.

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My Father died on 8/17/2013, he was 85. There are 5 daughters. The two younger daughters had my father sign his property deeded to them in May of 2013. Over 2 years ago My oldest sister had taken my Dad to an attorney so she could get power of attorney, which is what he wanted, but the attorney felt my Father's dementia was to far gone to feel confident about his wishes. His will had disappeared and he never filed it with the courts. He wanted his estate to be divided equally between us. So, we go to probate the estate to find out there is know estate. What can we do?
Hi! My name is XXXXX XXXXX I look forward to helping you!

You'll want to contest the pre-death transfers. You can get these rescinded by proving any one or more of the following: lack of requisite mental capacity, fraud, duress, coercion, and undue influence. Although the burden is on you, given that: i) your father was 85; ii) you dad was close to his death; iii) the attorney can confirm your dad had dementia, and iv) the transfers were contrary to what a reasonable person would consider the intentions of your dad had he been mentally competent, in my experience the court will easily see your dad's intentions regarding his estate were circumvented and that one or more of the required elements has been satisfied. Thus, you should prevail in this court proceeding and the court will rescind these transfers to the two younger daughters.



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