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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 100009
Experience:  Fully licensed attorney in Texas in private practice.
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My father had a 6000 acre farm and passed away in nursing home.

Customer Question

My father had a 6000 acre farm and passed away in nursing home. My mother over the last few years has sold 320 acres to my brother for $1.00. She also gave my brother the remaining land in a Quit Claim Deed. He convinced my mother she should own nothing and use medicare when she goes into a nursing home. My mother is 83 and although not senile or legally incompetent, has zero financial savy. What recourse do I have to correct this situartion?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am very sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."
Because she is legally competent, then this was presumed a proper interest conveyance, regardless of her age. The only way it can be "undone" is to file in court after receiving guardianship for her (see below), arguing that she did NOT understand what she was doing at the time due to non-cognizance, which would void the deed conveyances.
To avoid her being taken advantage of in the future is to file for an adult guardianship order - see here. This would allow one to take over the decision-making ability for her if the Court feels that she lack the ability to do so herself, which is hard to prove if she IS mentally cognizant.
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