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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33937
Experience:  Began practicing law in 1992
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My mother died 10/1/2013, of congestive heart failure and left

Customer Question

My mother died 10/1/2013, of congestive heart failure and left a will consisting of 2 houses and a farm of 112 acres. The will left the houses and contents to my sister who was also the ex. of the estate. The farm was given to both my sister and I by undivided interests. However, 2 months prior to her death, my sister convinced her to deed the entire farm to her claiming it would be sold to pay for mothers long term care if needed. Long term care was not needed and I was not made aware of any of this until a few hours prior to her death. The deed was recorded in my sisters name within a week of mothers death, and I was not aware of the recording until July of 2014. My father ( died 8/24/2006) purchased the farm in 1966. He and I built the farm into what it is now and prior to and after his death, I purchased the tractors, mowing equipment, etc. to maintain the farm with no help financially or otherwise from any other family members. Do I have a legal claim to my share of the farm and what is the statute of limitations related to this.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. You don't have a "legal claim" to it at this time. However, you can sue to have the deed to your sister declared void and then you would have a claim. There are a variety of reasons that a deed can be voided but under your facts the one lost likely to be used by your lawyer is either duress or undue influence or a combination of both of those. Essentially these mean that your sister tricked your mother into deeding the house to her. You are definitely going to want a local lawyer to review the case and then handle it. Duress is hard to prove and everything must be done exactly right to have a chance of winning. Please ask any follow up questions in this thread.