Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My mom married 30 years ago and sold her house to move into…

Customer Question
My mom married 30...

My mom married 30 years ago and sold her house to move into her new husbands house. Her name was never put on that house. A few months before he passed away he was on several medication and his children had him change is will . The change gave my mom a life estate, but not half of the house. Is there anything that can be done? We want to move her to a town home, but can't sell the house to get half the money. Also at this time he and is kids took my mom off of their joint bank account and took all of that money as well. They also changed his life insurance to their name. Is their anything? Please help me

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Minnesota

Lawyer's Assistant: Has anything been filed or reported?

What do you mean

Submitted: 5 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 8 hours by:
12/13/2017
Estate Lawyer: LegalGems, Attorney replied 5 months ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,015
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Estate Law Question
Estate Lawyer: LegalGems, Attorney replied 5 months ago

I am terribly sorry to hear this;

can you tell me- are you asking on what type of cause of action one may have in such situations?

Ask Your Own Estate Law Question
Estate Lawyer: LegalGems, Attorney replied 5 months ago

Thank you;

essentially when a person takes advantage, to their benefit, of a person's diminished mental capacity due to senility, age, etc, the proper cause of action is "undue influence". Undue influence is when a person in a position of trust uses that position to manipulate a vulnerable adult to their benefit. The court will look to see if the gift or bequest was a natural gift or bequest- so for example, was the main recipient closer to the parent throughout their life, and if so did the senior express ongoing intent/commitment to leave that recipient additional/disproportionate funds because of that close relationship? Was other natural relatives estranged which would explain a disrepancy?
The court will look to the totality of the circumstances because while a person can of course leave their estate in unequal shares to their adult children, or gift property in unequal distributions during life, the court will, upon a challenge, look to see if that appeared to be a natural byproduct of their particular relationships, or if there was undue influence or issues of mental incapacity.
If this can be proven-this can be proven by circumstancial evidence (for gifts/tranfers: was there a bargain for exchanged; was the person of sound mind; was their a last minute effort to befriend the individual; for estates: ie prior wills compared to current will, date of each will, etc), medical provider's testimony as to mental capacity, statements as to the parties' relationships by family, and friends.

If so the court may undo (void) any transactions and can also remove a person from a fiduciary position (ie power of attorney) if there is concern as to their integrity.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Estate Law Question
Estate Lawyer: LegalGems, Attorney replied 5 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Estate Law Question
Was this answer helpful?
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,015
13,015 Satisfied Customers
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
If a beneficiary of a trust has been living in a house owned
If a beneficiary of a trust has been living in a house owned by the trust, is there a way that the trustee can begin charging rent, perhaps as a step before eviction?… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,841 satisfied customers
In the case where a member of a Close Corporation dies, does
In a case where a member of a Close Corporation dies, does the appointed executor automatically assume the role of a member in the CC - with all the benefits and duties or are there formalities to sat… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I hearby give ,devise and bequeath all my estate ,real ,personal
I hearby give ,devise and bequeath all my estate ,real ,personal and mixed as follows: does this mean house cars bank accounts excetra? This comes from grand mothers will.… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
We gave a Life Estate to our dad. We purchased the estate
We gave a Life Estate to our dad. We purchased the estate and care for him for an additional $1500. We have beliefs that do not include pork or shellfish and as such we do not have it in the house. Da… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Have a big estate problem. Dads estate is worth millions of
Have a big estate problem. Dads estate is worth millions of dollars and the real estate is being liquidated to fund the trust and we are not getting disbursements. This is in Texas. The lawyer and co … read more
Jessica B
Jessica B
Juris Doctor
1,083 satisfied customers
According to the will, estate beneficiaries are entitled to
According to the will, estate beneficiaries are entitled to inherit furniture in defendant's residence. For various reasons, distribution to them cannot yet be made. However, the residence, which is n… read more
LegalGems
LegalGems
Attorney
13,015 satisfied customers
My brother is executor of my dads estate - in the estate is
My brother is executor of my dads estate - in the estate is a manufactured home that I lived in with my father for over 6 years. My brother gave me a 60 day notice to vacate. Can he do that? The home … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If a person is the beneficiary of an estate and receives an
If a person is the beneficiary of an estate and receives an inheritance from the estate is the distribution taxable… read more
Expert James
Expert James
Doctoral Degree
12,131 satisfied customers
This is a matter of a life estate. There are disagreements
This is a matter of a life estate. There are disagreements over the following: Beneficiaries listed above (in attachment) think they are entitled to a portion of the property My understanding is that … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,863 satisfied customers
California Estate Taxes - how soon is the estate responsible
California Estate Taxes - how soon is the estate responsible for filing an estate as of death taxes?… read more
LegalGems
LegalGems
Attorney
13,015 satisfied customers
Estate Cases. Need a Lawyer who is current on. +Estate in
The deadline is near ,need help.It's about our Mother and her death ,propertys… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,863 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
Can a life estate be broken if the person has abandoned the
Can a life estate be broken if the person has abandoned the property?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
How do I calculate the value of a life estate in real property
How do I calculate the value of a life estate in real property? The age of the person is 58. The vaue of the property is $300,000.… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,166 satisfied customers
Can you explain the wording in a will to me
Can you explain the wording in a will to me?… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
In Pa. when can you issue Estate Notices in the newspaper and
In Pa. when can you issue Estate Notices in the newspaper and over what period of time must they be posted? How many times must the notice be listed? Are you requiered to list the estate notice in mor… read more
socrateaser
socrateaser
1,031 satisfied customers
Can a life estate agreement be reversed in court? If so how
Can a life estate agreement be reversed in court? If so how difficult would that be?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
How do you determine basis of property inherited 20 years ago
How do you determine basis of property inherited 20 years ago if you don't know what the fair market value was back then?… read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x