Eugene, OR asked in Criminal Law, Real Estate Law, Elder Law and White Collar Crime for Oregon

Q: How do I sue my mother in law for my father's property?

She waited for him to be incapacitated by dementia to have him sign my two sister's and I out of his will.

My father told us girls that we would get his property when he passed away.

She had strangers sign saying he was of sound mind, and that he was writing us out of the will.

How can I get my property back?

2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Criminal Law Lawyer
  • Knoxville, TN

A: As Heirs and Next Of Kin, you and the Sisters have standing to file a Will Contest. Hopefully you have not waited too long as assets can be dissipated quickly. Get your Witnesses together, along with medical records, to prove Dementia. Hire a competent attorney.

Theressa Hollis
Theressa Hollis
Answered
  • Elder Law Lawyer
  • Portland, OR
  • Licensed in Oregon

A: A will contest must be filed after the person who signed the will is dies. If your father has passed away you should quickly hire an experienced probate litigator to assist you. If the property is in Oregon you should hire an attorney licensed in Oregon. Be cautious of recommendations you may receive from attorneys who are not licensed in Oregon.

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.