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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37040
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My dad died in 2015. He left a living trust leaving my mom

Customer Question

My dad died in 2015. He left a living trust leaving my mom the house and 2 pensions and life insurance. My mom had s stroke and eventually was placed in a nursing and rehab facility. She has Medicare/blue cross. So thinking my mom was not going to go home, and probably needing to apply for Medicaid her lawyer was able to have the home deed transferred to my sister. This is in Ohio and I decided to bring my home in
Washington state. She is now living with me and I have POA. Was the transfer legal. My mom did sign for the transfer but has since said she didn't know what she was signing She wants to go back to "her house". My sister lives in the house and does not want to care for. She needs 24/7 care. So is it possible to have the deed transfer reversed?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

Expert:  Barrister replied 1 year ago.

If mother was "medically incompetent" due to her physical condition or if she was heavily medicated, then she could file a suit under a breach of contract and fraud claim to set aside the transfer as the product of undue influence and allege that she lacked the legal capacity to enter into a contract (i.e. sign the deed over).


She would need to file the suit, and then have her doctors testify that she was medically incompetent so as to not be able to comprehend what she was doing when she signed the deed. The judge can then void the deed and return ownership to mother.