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Jane T (LLC)
Jane T (LLC), Lawyer (JD)
Category: Legal
Satisfied Customers: 8435
Experience:  Experienced attorney; contracts, internet, business, finance, employment, RE, consumer, & more.
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Reask my previous question to get a better understanding.

Customer Question

Reask my previous question to get a better understanding. My mother is 89 years old. A few years back my mother and her deceased husband signed their home over to my sister. I recently along with my two brothers found out about this. My mother still lives in the house. Can she revoke this decision to include all four of us as beneficiary of the house before she passes on. If not can our sisters put all of our names on the house as beneficiary of the house.
Submitted: 6 years ago.
Category: Legal
Expert:  Jane T (LLC) replied 6 years ago.

DearCustomer

What do you mean she "singed over" the house? Did she deed the home to your sister? If she did, what kind of ownership did she give her: 100%; was it joint tenants with rights of survivorship; was it tenants in common?

You use the term "beneficiary" - was this done through a trust?

Customer: replied 6 years ago.
She deeded the house to my sister. It was 100% owership with the agreement my mother could live there until she die. It was not through a trust.
Expert:  Jane T (LLC) replied 6 years ago.

DearCustomer

If you sister is now the sole owner listed on the deed, the property may belong 100% to her now and she may be the only one who can now change the ownership of the home (unless you can show that such change in ownership was made under duress or undue influence or that your mother lacked the capacity to do such a thing, etc.). You should speak to an attorney who practices real estate law in the state where the home is to see if: (a) the deed was properly recorded (if it was not, then the property's ownership may not have changed legally); (b) any undue influence, duress, capacity, etc. claims may be made; (c) see if there are other means available to you to have all children become owners upon you rmother's death or now.

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