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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55598
Experience:  29 years of experience practicing law, including tax and estate planning.
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My husband's sister took mom to an attorney's office and

Customer Question

My husband's sister took mom to an attorney's office and made her sign over the deed to the house to her or changed the terms of the will.The house was supposed to be divided 3 ways (my husband, his older brother and older sister). Mom had dementia when this was done in a lawyer's office. Now the sister built a house on the land after she demolished mom's old house. Mom was also coerced into signing the document by being threatened that if she didn't do this, the sister was not going to take care of her or live with her.
My husband objected to all of this but this was still done in front of a lawyer saying he consented when he never did. My husband is planning to sue the sister for his share. She was also pocketing mom's social security check and retirement check she received through dad for over 10 years. Please advise the estate was worth at least $600K.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

I totally agree with your husband. To prevail in contesting these actions, he need only prove one or more of the following: lack of requisite mental capacity, coercion, fraud, duress, mistake and/or undue influence. It seems pretty clear that all of these were present. Although the burden is on your husband, given these egregious facts, in my experience, your husband should easily prevail in contesting his sister's actions.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 1 year ago.
I am not quite satisfied with your answer of I agree with your husband. Do you know anything about statue of limitations? Is this a fraud case or a civil case? What is the statue of limitations in Hawaii for this kind of case. What do I need to prevail in this kind of case (what kind of proof) specifically. Lawyer wise do I hire an estate lawyer (they only draft wills and estate) will
they deal with this kind of case? Are punitive damages allowed for these kinda cases? I have tons of other questions.
Expert:  Richard replied 1 year ago.

Thanks for following up. I'm sorry I didn't address all your concerns. Your question was fairly general so I tried to give you specific information and direction in response to your question. But, if you have tons of other questions, that is really going to be outside the scope of this forum. To answer tons of other questions could take hours and you would really need to engage a lawyer to help you. Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referyral is a good one because it will be a reflection of the school.