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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I transfered my gradfathers home and land into my fathers name.

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I transfered my gradfathers home and land into my fathers name. My Grandfather asked me to transfer it into my name. This was the only property he had at the time. I did however at his request grant a life estate to him to ensure he had a roof over his head. Now he is sueing me for it back and I do not want to due to medicad reasons and for that he will give it away to a son that has him brainwashed. This son is a habitual drug user also.....
Thank you for your question.

Did you have power of attorney to transfer? When (how long ago) did the transfer occur? Why didn't you transfer it under your name but instead transfered it under your father's name?
Customer: replied 7 years ago.
I did have POA and it was November 2006, but the I was served before statues I am pretty sure) I did not think it woudl look good to put it directly into my name, and I would have transfered it to my father if I had put it in my name anyway.
I see. Thank you for your follow-up.

And now you are being sued for not following the directions or directives of the grandfather, correct?
Customer: replied 7 years ago.

Eventhough he admitted in a meeting with my lawyer and his that he just changed his mind and wants the house back in his name, and I woudl not sign it back over and since my father's name is XXXXX XXXXX well he is also part of the lawsuit. The other son has moved in with him and has not worked for 7 years and we feel as so does all lawyers involved feels teh son is pressuring him to get the house back so that he can have it. Also, my grandfather is very bad with money. He spent 116K in less than 1 year, as much as I tried to keep him from, I could not... I do haev records of where all the money went but he even thinks I took that money also...

Thank you for your follow-up.

From the facts I really do not see this as a valid claim, unless he is totally claiming that the transfer of the property took place completely without his consent. The fact that you didn't completely follow instructions but transferred the property instead to your father is troubling, but once the transfer took place (unless he threatens fraud, duress, and undue influence), I really do not see him prevail.

Good luck and hope that helps. Please feel free to follow-up if I did not adequately or fully answer your question.

Edited by Dimitry Alexander Kaplun on 8/1/2010 at 6:09 AM EST
Customer: replied 7 years ago.

It is basically his word against mine and that is what worries me. Will him admitting he changed his mind in teh meeting help me since he said it in front of both my lawyer and his lawyer? Or could his lawyer "not recall" it.

 

Sorry to ask more but this is troubling me..... and I looked after him since 2003 in all his finianicals and always did as he asked and I can prove it. I did not even know I was POA until several years after 2003. (I was actually made POA when i lived in another state in 2001) I just hate to spend alot of money on court to see this land go back to him and then to his habitual drug using son.....

Thank you for your follow-up.

Usually you cannot use each other's attorneys as witnesses unless everyone was actually sworn and being deposed. Therefore you cannot call their attorney as a witness (sorry).

As for this being troubling, I can deeply empathize--this situation very much sounds like the other son is trying to convince the parent and provide them with assets, with a possible undue influence claim also. Without more facts I really cannot speak as to the result of this case, but from what you have stated I do not see success--this appears to be a situation of changing the mind down the line, and trying to appease the other child in the process.

Good luck to you.

Edited by Dimitry Alexander Kaplun on 8/1/2010 at 6:22 AM EST
Customer: replied 7 years ago.
When you say you do not see success, are you meaning no success in me winning the case.....
My apologies on not being clear. I do not see success in your grandfather prevailing--this situation simply appears to be a bit of revisionist history but nothing concrete where you really did not fulfill his requirements. Unless you have other facts that go against you, I do not see him prevail--I do not see him succeed against you.

Good luck.

Edited by Dimitry Alexander Kaplun on 8/1/2010 at 6:29 AM EST
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