My sister passed in Jan. 2012 and left life insurance in which she instructed her husband to pay off the mortgage of my mothers home. He did this. On Mar. 20 my mother signed a transfer of deed upon death doc. As him as the benefeciary. Mar. 23 he transferred the money and paid off the house. He then began to barge into her home and was telling her that he owned her home. She revoked the document in June 2012 and now he is suing her for 66k, the payoff of the home. Can he win and in the transfer of deed upon death doc as iron clad as it appears to be? Oklahoma is the state in which this is happening. My mother in 73 and on a fixed income of social security only.

Let me get this straight:


Your mother owned a home;
You sister died;
Your sister's widower paid off the mortgage on your mother's home with life insurance proceeds;
She signed something called a "transfer of deed upon death doc"; and
He is now suing for the amount he paid off on the mortgage.


His claim to own the home; or alternatively to be entitled to be reimbursed for what otherwise would seem to be a gift to your mother, obviously depends upon what this "transfer of deed upon death doc" provides. Can you please quote us the language of this document?

Let me get this straight:


Your mother owned a home;
You sister died;
Your sister's widower paid off the mortgage on your mother's home with life insurance proceeds;
She signed something called a "transfer of deed upon death doc"; and
He is now suing for the amount he paid off on the mortgage.


His claim to own the home; or alternatively to be entitled to be reimbursed for what otherwise would seem to be a gift to your mother, obviously depends upon what this "transfer of deed upon death doc" provides. Can you please quote us the language of this document?

It describes the property, the location, etc. It says upon her death this property will go to him. It then states in bold, all caps: This transfer upon death deed is revocable, it does not transfer any ownership until the death of the owner. It revokes all prior beneficiary designations by this owner for interest in this real estate. The grantor has the right to rescind or withdraw this deed at any time. This deed may be withdrawn or rescinded wheather or not money or any other consideration was paid or given. It was filed with the county clerk