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 sorry to hear about this situation.Overview
A gift deed normally means that someone is given a gift interest to the property. Yes, if they gave him 100% of both of their interests, he now owns it, while the mother continues to be responsible for the mortgage
(actually, I am surprised that the transfer of interest to him did not trigger an acceleration clause in the mortgage - most mortgages have this clause; the lender may simply not be aware of what has happened).However
If she had Alzheimer's, then she or an interested party such as a legal guardian for her can attack
the transfer from her as unlawful, citing that since she had no ability to understand the contract at that time, that it was not binding. The Court will hold the transfer from her as binding if the Court finds that "had the mental capacity to contract if she appreciated the effect of what she was doing and understood the nature and consequences of her acts and the business she was transacting." Mandell and Wright v. Thomas, 441 SW 2d 841 - Tex: Supreme Court 1969
citing Missouri-Pacific Ry. Co. v. Brazzil, 72 Tex. 233, 10 S.W. 403 (1888); 17 C.J.S. Contracts § 133(1)a; 13 Tex.Jur.2d, Contracts, § 10.
However, the transfer is PRESUMED to be lawful until/unless successfully reversed in court no grounds of lack of capacity.
I hope this helps and clarifies. Gentle Reminder: Use the SEND
button to keep chatting, or please rate
when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars
and then SUBMIT
, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct
. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.