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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55708
Experience:  29 years of experience practicing law, including tax and estate planning.
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Hi, I would like to know something. I have a 2 family house

Customer Question

Hi, I would like to know something. I have a 2 family house that my elderly aunt bought about 7 years ago. The agreement was that I would live upstairs with my daughter and my aunt would live downstairs. She lives 6 months in Texas with my uncle (her brother) and they come back here 6 months. While they are gone the agreement was that I would take care of the property and that when my aunt died I would inherit the house. My aunt is now in an assisted living facility because of alzheimer's and dementia. I just found out that her financial advisor (who now calls my aunt MOM and has her believing he's her "adopted" sonand who will also have is house paid in full after my aunt dies) has changed the deed and put the house in a trust fund. Am I still able to inherit the house? My uncle is now executor of her estate. What can he do to assure I get my house. He's wants my daughter and I to receive the house also but we're unsure what to do. I hope you can give me some guidance about what I should do. Thanks
Submitted: 4 years ago.
Category: Estate Law
Expert:  Richard replied 4 years ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Do you know that the trust agreement provides? Thanks.
Customer: replied 4 years ago.

No, I just saw that Trust" was added to the deed.

Expert:  Richard replied 4 years ago.
Thanks for following up. It could be that the trust agreement has you as the beneficiary, but let's presume it does not. You can contest this action made by your mother and the court will rescind the action based on any one or more of the following elements: lack of requisite mental capacity, fraud, duress, coercion, and/or undue influence. Although the burden is on you, given that your mother has Alzheimer's Disease and dementia, and given that she has taken this act in contravention of her prior wishes at the behest of this guy, you should prevail in having this set aside.

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