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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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A family member recently passed away after being under

Customer Question

Hi. A family member recently passed away after being under hosparus care for several months. During that time, someone in the family convinced her to add their name to the deed of the house, which has caused the house to not be included as part of the estate, of which I was a beneficiary in the will. Is this legal since she was under hosparus care at the time? What recourse do I have if any?
JA: Estate laws vary by state. What state are you in?
Customer: KY
JA: What documents or supporting evidence do you have?
Customer: I can obtain copies of the will, dates she was under hosparus care, and dates the deed was changed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 11 months ago.
Category: Estate Law
Expert:  Alex Esquire replied 11 months ago.

Hello. My name is ***** *****

Thank you for your question.

I will be happy to provide you the information you are seeking for educational purposes only.

Was deceased person ever declared mentally incompetent by the court?

Was the deed properly executed with Notary and wittiness present at the time of the execution/ signing of the new deed?

Customer: replied 11 months ago.
Deceased was not technically declared incompetent by the court but was under hosparus care, prescribed pain medications, and was very obviously easily confused and disoriented. The deed was properly executed and filed.
Expert:  Alex Esquire replied 11 months ago.

Thank you for your follow up.

How long before death did the deceased execute the deed?

Do you have any evidence that the deceased was mentally incompetent or that any undue influence was involved?

Who was the person who the deed to the house was given to (what relationship to the deceased did this person have)?