Franklin, PA asked in Probate for Pennsylvania

Q: My mother passed away and a friend of her claims she gave everything to him. I really can't afford a lawyer. What to do?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in Pennsylvania

A: Go to legal aid then and see if you can get help. I don't understand how the "friend" can claim this. I also don't know what your mother owned at the time time of her death or how it was titled.

Does this person have possession of the items? If they are still titled in your mother's name, those things are yours. In such case it will be virtually impossible to prove that your mother made a valid gift to the person prior to her death. Examples would be land or cars or things having a title.

If the person was somehow able to acquire these assets such that they are titled in that person's name, that brings up a different set of questions. When did this person get title? How? For example, a car title would have to be signed by your mother. A deed to land would also have to be signed by her. Review the documents. When did the conveyance occur? Was your mother sick or frail or dependent on this person? Could you argue that your mother's actions were the product of fraud or undue influence? Or maybe your mother's name was forged?

I don't know but you have some detective work to do. If it appears that this "friend" ended up with things shortly prior to your mother's death under strange circumstances, I would then look around to see if you qualify for legal aid. If you don't, contact the local bar association and see if there are any lawyers who are willing to provide low cost legal services or do this pro bono.

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