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Roger, Attorney
Category: Family Law
Satisfied Customers: 31678
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My mom had to go into an assisted living because she was in

Customer Question

My mom had to go into an assisted living because she was in a car accident and broke her back and my sister that had lived with her for 45 yrs. had just passed. Mom was in pain and under a lot of stress. Her Grandson kept telling her that medicare would get her house and take it away from her if she did not put it in his name. He also got her to sign a POA. Mom is coming back home now, but he refused to let her have her home back. She is of sound mind and was only in Assisted living for less than 3 months. I know the POA can be revoked, but how does she get her house back?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

If your mother is of sound mind and has no mental issues, it could be VERY DIFFICULT for her to recover title to the house if she deeded it to him.

Expert:  Roger replied 1 year ago.

If she suffered from a mental condition or disability, then the road to recover would be much easier because she could claim that the grandson took advantage of her diminished mental capacity and tricked her into do this.

Expert:  Roger replied 1 year ago.

It could still be possible, but the road is more difficult if she's of sound and disposing mind. Essentially, she would have to sue her grandson in court and allege that he either defrauded or misrepresented things to her that essentially tricked her into transferring the title over. The facts will be extremely important in proving whether or no he used tactics, pressure, false truths, etc. to convince her to make the transfer. If the judge believes that she was taken advantage of or defrauded, he could order that the deed be voided/vacated and transfer title back to your mom.

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