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Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2415
Experience:  Lawyer with 19 years of litigation experience in state and federal court systems.
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To Lawmoe if available. Thank you for your answers. As you

Resolved Question:

To Lawmoe if available. Thank you for your answers. As you may recall I signed an agreement that said I would give my sisters 1/3 of a farm. No consideration was made for me agreeing to do this. The document also says I will transfer a two other parcels, one to each sister for $ 1.00. Further this document stated that no one could file the deeds untlil after my parents passing or unless we had permisssion. I only want the farm and that is what my father promised me 6 years earlier and gave to me by deed.

My sisters attorney is now stating that I breached my fiduciary duty and is attempting to tell the court a constructive trust should be formed. I have no problem giving my sisters the other two houses and have done nothing but make improvements to them and have tried to give them to my sisters through legal counsel but they did not respond to my attempt to settle matters. How do I go about rebutting this assertion that the farm belongs in a trust. My mother is siding with me.
Submitted: 7 years ago.
Category: Legal
Expert:  Lawmoe replied 7 years ago.
I am not sure what additional answer you want on this matter. As I indicated, based on your last post, it will be up to a Judge to determine if the first transfer was valid since there is no documentation as to the terms of the transfer and the deed was unrecorded. It is also questionable whether the second contract was supported by consideration. Without a review of the contract, there is little that I can add to the previous response.
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