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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55308
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My mom past away and my my sister and a brother got my

Customer Question

hello my mom past away and my my sister and a brother got my father to sign over a warrenty deed. he at the time did not fully understand what he was doind and was heavly medicated. what form can i use to start the process or to revoke?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Richard replied 9 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Customer: replied 9 months ago.
ok thank you richard
Expert:  Richard replied 9 months ago.

Good morning Eunice. You do have the right to contest this action of your dad. You only need to show one of the following: lack of requisite mental capacity, fraud, duress, coercion, mistake, and/or undue influence. Based on your facts, it's pretty clear that one, if not all, of these elements are present in your situation. The first thing you will want to do is to send your brother and sister a letter by certified mail demanding that they sign the property back over to your dad. Let them know if they fail to do so, you will have no choice but to file suit (you'll need a lawyer to file this for you if you are not a licensed lawyer as you will be representing your father here and doing it yourself would not be allowed by the court because it would be practicing law without a license) against them asking the court not only to order the title transferred back to your dad, but also to impose damages, both actual and punitive, against your brother and sister due to their intentional and fraudulent actions. In my experience, the letter usually gets the resolution you seek without the necessity to file a suit. I will certainly keep you in my prayers!

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