Atlanta, GA asked in Elder Law, Real Estate Law and Probate for Arkansas

Q: Discovered my brother talked my mom into putting her home their name 3 yrs, she has passed. He believes it’s all his?

He believes he gets all, Home, Tools, all antiques. He hasn’t even called to discuss if there is even a will. There are 3 in all to inherit the property. Total of it all land is valued at $250k tools and antiques probably if sold in auction another $175. I have not lived near them in years but when life got rough and things were needed to get done I was the one to have to come up and tear down the trees, put up the chain link fences, build the decks and put on the new roofs and pay for all the materials

2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: If you can prove that your mom lacked the mental capacity to sign a deed when she signed it or that she had been subjected to undue influence, you might be able to convince a court to void the deed. You will need a fiduciary litigation attorney to help you.

Don Spears
Don Spears
PREMIUM
Answered
  • Probate Lawyer
  • Benton, AR
  • Licensed in Arkansas

A: If your mother transferred the real property to your brother and was competent when she did it then there there is little you can do. If she was not competent that is a wholly different matter.

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