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Ask Legalease Your Own Question
Legalease, Attorney
Category: Estate Law
Satisfied Customers: 16344
Experience:  15 yrs experience: Elder Law, Wills, Social Security Issues
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Few weeks before mom passed she took me to title abstract

Customer Question

Few weeks before mom passed she took me to title abstract office stated to employee of office she owed property and wanted togive me right to servivor ship. Payed for title search. Mom said because of health reasons she may not be able to come back to their office. I the mean time paid off lein against property and search came back free and clear. Paper work wassigner by mom and step dad witnessed by sister and nephew and noterized by time got paper back to abstract office and they took to court house and recorded and got back home mom was taking her last breath. Now brothers are going to try to get servivor ship over turned because of sercumstancesthat mom passed within hour of recording paper work at court house .mom had terminal carsanoma cancer and was given months to live but done this of her own free will.can they have this overturned
JA: Since laws vary from place to place, what state is this in?
Customer: Fl. Hardee co.
JA: Have you talked to a lawyer yet?
Customer: No wanted 200.00 for consultation.
JA: Anything else you think the lawyer should know?
Customer: Brothers are trying to say i stole the house and she was not in her right mind but she knew everything that was going on around her up till the end. Plus she is the one that ask me to go to town with her and my brother drove us to the abstact office and went in where she told the woman in the abstract office her address and she owned the property and wanted to add me on the deed. This was of her own free will and with full mental capasity. She and i had been discussing a price on the house and splitting the money with my three brothers and three sistersbut she an i never price and never exchange any money or sign any documents pertaining to any agreement but she still had the papers made up for the servivor ship
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Submitted: 10 months ago.
Category: Estate Law
Expert:  Legalease replied 10 months ago.

Hello there --


There is nothing that you can do to stop your brothers from going to court and filing a lawsuit against you on this property issues. The only thing that you can do is defend yourself in the event that they actually do bring the matter to court to try to have the property transfer overturned. The transfer was valid from the date your mother signed it over to you and the actual recording date makes no difference at all. Unfortunately, if you must defend this matter then you are probably going to have to hire an attorney to do so unless you are capable of handling the matter yourself. So long as you can bring the people who assisted you into court (the title people and if the paperwork was notarized by a notary) and those people are independent witnesses that your mother was in her right mind when she made this transfer over to you. If you are served by an attorney, my suggestion is that you must contact an attorney yourself so that the attorney can at least line up your independent witnesses and fire back at their attorney with a letter threatening action for harassment because you did nothing wrong and your mother was in her right mind when she signed the papers over to you, as the independent witnesses will be called to testify to in court. Just a letter from an attorney might make them back off of you, especially if none of them really has enough money to pay a lawyer themselves for a costly court battle over this matter.


I wish I could tell you that there was a magic way to make it go away, but there is not and if your family members challenge you in court you have no choice but to deal with it by hiring a lawyer of your own and fighting them. Because there are independent witnesses involved here I seriously doubt that a court will overturn the transfer to you of the property (usually a court will only set something like that aside if you had no independent witnesses and you wrote up the deed on your own and did it all on your own behind everyone's backs, which you did NOT).


I hope that helps. Please press a positive rating above so that I will be paid for my time. I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star in the rating section above, so I really do appreciate it. THANK YOU VERY MUCH !!



Expert:  Legalease replied 10 months ago.

Hello again --


Are there any further questions that I can answer for you on these issues? I am happy to answer any follow up questions or concerns that you may have. If not, can you please press a positive rating above in the star ratings section so that I will be paid for my time assisting you? We do not receive paychecks and are paid only if you press the middle star or the fourth or fifth star to the right of the middle star above in the ratings section. If you leave without pressing a positive rating above, the website keeps your entire payment as profit and pays the expert nothing unless you press the middle star or the fourth star or fifth star to the right of the middle star above. Also, please note that even when you press a positive rating, your question will not close and you can return for another 6 months to ask additional follow up questions for no additional charge.



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