Approximately 12 years ago, in a move to protect her children's assets from her future husbands' heirs, my mother sold my sisters and me her house for a token fee. My mother was adamant that money exchanged hands before signatures went on the deed to make the deal legally binding. Suddenly, my mother is wanting to take back the house without any sound reasoning. My sisters and their spouses have complied but I feel that this is not something that should be done and have refused to sign. I have now received a letter from my mother's lawyer asking us, my wife and I, to sign a quit claim deed to avoid further costly legal actions. My mother is in her late seventies and has had health issues including a stroke. I am not saying there is diminished capacity but I am afraid that something is clouding her judgement. Does she have a sound case? Can she force us to sign? Do you think the letter from the lawyer is a bluff? Thanks for any and all advise.

The only way that you can be forced to transfer the property back to your mother is if she can prove that you fraudulently induced her to transfer the property to you and your sisters. If there wasn't any fraud involved then her attorney is bluffing.

However, I suggest that you talk to your mother and find out exactly what is going on and why she is doing this. She may have a very good reason for it. Or you may find out that she is no longer able to handle her own affairs, at which point you need to speak to your sisters about her future care.

Kind of hard to offer an opinion, edlon, without knowing your family dynamics. I wouldn't want to misguide you in this important issue. Suggest you get a lawyer of your own and get a legal opinion. A stroke in no way diminishes her thinking process unless it was a major one and then it would either be physical or mental. Can't say for sure. I don't think though, your siblings should have signed over anything without discussing it in depth with a lawyer hired to represent all of you.

I am normally not a fence sitter with issues like this but I sincerely believe you should hire a lawyer.

There is nothing illegal to sell a property for one dollar, and sign a deed over, so you did nothing illegal, The attorneys letter is just that, they can try ( and have a legal right to) try and say any and everything,

Have you merely asked your mother why, just you and her ?

Also if it was her house, and you were given it to protect it, why would not just give it back if she wants it back, it was really hers anyway.

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Originally Posted by edlon

Approximately 12 years ago, in a move to protect her children's assets from her future husbands' heirs, my mother sold my sisters and me her house for a token fee. My mother was adamant that money exchanged hands before signatures went on the deed to make the deal legally binding. Suddenly, my mother is wanting to take back the house without any sound reasoning. My sisters and their spouses have complied but I feel that this is not something that should be done and have refused to sign. I have now received a letter from my mother's lawyer asking us, my wife and I, to sign a quit claim deed to avoid further costly legal actions. My mother is in her late seventies and has had health issues including a stroke. I am not saying there is diminished capacity but I am afraid that something is clouding her judgement. Does she have a sound case? Can she force us to sign? Do you think the letter from the lawyer is a bluff? Thanks for any and all advise.

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And I would speak to the original Attorney - I don't understand the need to protect the property from her future husband's children. I don't know what State you are in but they are not entitled to "take" from your mother's estate.

If you only got involved in this matter to protect the house and now your mother wants it back, why not just sign it over? Why do you feel this is something that should not be done?

I would ask an Attorney how to proceed but I don't see any fraud on your part and all else aside, I wouldn't think they can force you to quit claim back to your Mother. As far as the costly legal actions - they would be "costly" for BOTH sides, you AND your mother.