Detroit, MI asked in Estate Planning and Real Estate Law for Missouri

Q: Father passed away from cancer. While he was sick and on medication my sister tricked him into changing his deed

My father just passed away from cancer. Years ago he had went to an attorney and had both my sister and I, transfer on death for his property and house. Well after he found out he had cancer and starting getting really sick and put on morphine my sister went to an attorneys office and had him draw up papers to put his property title in her name only while he was still living. Around the same time he got put onto hospice. She has now taken possesion of the property and refusing to follow my fathers wishes. She tricked him completely! He was not in the right frame of mind and they did everything including stealing his checks while he was still living. My family is outraged. I dont want everything i just want to be able to have the family members get what they are suppose to. She is telling everyone they are not getting anything at all. This isnt right. Family members, friends of my dads, and even the hospice nurse and doctors agreed he was not in the right mental state.

1 Lawyer Answer
Lydia Seifner
Lydia Seifner
Answered
  • Springfield, MO
  • Licensed in Missouri

A: You can contest it, you'll want to talk to an estate planning attorney. Since your sister took advantage of your father's altered state of mind, you can plead coercion and get the second will thrown out.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.