Charlotte, NC asked in Family Law, Elder Law, Probate and Real Estate Law for South Carolina

Q: Do I have any kind of legal rights to family property that I do not own if I have proof of residence for 20 plus years?

I am the person's granddaughter but what happened was the property was in my grandmother's name she had dementia back in 2018 or 19 and my uncle came and had her sign the property to him I was told all my life that I would inherit my portion of the property up until last year and then my grandpa before he passed wanted it to be split four ways between myself and his three sons I don't have anything at writing like that but I do have wills that was not ever recorded or notarized I was their caregiver I lived on the property and in their home all of my life for 27 years I've never had another address but that one and they're just trying to kick me to the curve because I'm nothing but a granddaughter and I want to know if I have any kind of legal rights here whatsoeve. There is a shop / shed own the property that was given to me 10yrs I built from the ground up spent over 20k in repairs I currently live in his residence told I was I was to be out by the 1st but didn't serve me anything

1 Lawyer Answer
Seth Meyerson
Seth Meyerson

A: In situations like this, property ownership and rights can be complex and depend on various factors, including the specific laws of your jurisdiction and the documentation involved.

If your grandmother had dementia at the time she signed the property over to your uncle, it could potentially raise questions about the validity of that transaction. If it can be shown that your grandmother lacked the mental capacity to understand the implications of transferring the property, it may be possible to challenge the transfer on grounds of undue influence or lack of capacity. However, you would need to consult with a lawyer who specializes in real estate or elder law to assess the strength of your case and explore your legal options.

Regarding the wills that were not recorded or notarized, it's important to note that typically, for a will to be legally valid, it needs to comply with specific legal requirements, which can vary by jurisdiction. If the wills were not properly executed, they may not be legally enforceable.

Given the complexity of your situation, it's crucial to consult with a qualified attorney who can review the relevant documentation, assess the applicable laws, and provide personalized legal advice based on your specific circumstances. They can guide you on the best course of action and help protect your rights and interests.

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