[cbennett62]

My mother without notifying any of her other children signed over deed/title of her home to my oldest sister a couple years ago. Her other children learned of this just recently and are very unhappy they did this without bringing this up for discussion. Is there a way to reverse this, my mother is still living and under heavy influence from my sister? I and most of my mothers children do not live in Pennsylvania and the two that do reside in Philadelphia my older sister controls. She refuses to show us the paperwork. The other children discussed this and would like to reverse this. What can we do?

[ballengerb1]

Unless mom is declared incompetent there is little you can do about this. Her property, money and all assets are her business and she could give it all away to anyone she wants. Tell us miore about mom, does she live independently?

[ScottGem]

I've moved this from Real Estate Law because its not really a real estate issue.

Its your mother's property and she can do with as she wishes. To do anything about the deed you would have to prove that a) mom was incompetent when she signed the deed or b) that your sister was exercising undue influence. Both very hard to prove at this late date.

[Fr_Chuck]

The "paperwork" would be the deed that was signed, it is public document at the court house if it was actually filed. So you may merely go to the court house and get a copy of it.

Next, unless you can prove mom was not in her right mind, she is free to give the house to one daughter, or to a complete stranger to you if she wants.

And of course it could be that she wanted the house to go to the daughter who is living close and is taking care off her, that is not uncommon.

[cbennett62]

My mother lives with a grand daughter, not my devious sister daughter, and is mostly independent. Another brother and sister who reside in Philadelphia care for my mother as well. This is nothing more than one sister who coerced my mother.

[ScottGem]

This is nothing more than one sister who coerced my mother.

Then you need to prove that and that will be difficult. The first step would be to get your mom to repudiate the transfer.

[Fr_Chuck]

If she lives independent how were they coerced ? If you ask her about it, what does she say, She really while you may not like it, have the right to give the house to the church, or the post man if she wanted to.

My mom for example gave 2/3 of her estate away to other people not to me ( only child) I did not like it, but it was her choice.

[cbennett62]

Yes my mother is mostly independent, although she lives with a grand daughter(not my devious sisters daughter). Another brother & sister live close by and provide care as well. This is a true case of coercion.

[cbennett62]

This was not the decision we all agreed upon a few years ago when we all sat down and helped our mother make out her will. The house was not to go to her. There was no need to sign over anything as it was all covered in her will.

[ScottGem]

First, please d9n't use the Comments feature for follow-up. Use the Answer options instead.

A person can change their mind. The point is mom need to repudiate the transfer to have any chance of reversing the transfer.

[ballengerb1]

A will can only cover property owned at the time of death. Mom can give anything and everything away prior to death and the will won't make any difference, sorry

[AK lawyer]

This was not the decision we all agreed upon a few years ago when we all sat down and helped our mother make out her will. The house was not to go to her. There was no need to sign over anything as it was all covered in her will.

If it comes down to undue influence, the making of the will could also be called into question. You helped her make the will, you didn't get to vote on it. It was her will. So whether you "all agreed", or not, is of no consequence.

Similarly, this later deed was her choice to make, not yours.

From a practical point of view, a deed is easier: no probate is required. There may possibly be adverse tax consequences, however.

[cbennett62]

The plot thickens. I just found out that in May 2003 my sister with a big time lawyer friend (who is now deceased) rigged the deed and forged my mothers signature to take over the house. My sister in turn took out a equity loan for some $1000,000 against the house. She is now trying to coerce my mother into saying that she(mother) agreed to this. Yes as it stands now the house is in my sisters name. The family has talked to our mother and she flat out denies signing over the house. My mother had no idea that she (sister) had done this. The only reason anyone began rethinking about the house and will is because we all attended our mothers only brother funeral one week ago, and his siblings ran into some language problems with his will. Any suggestions as how to proceed as she(sister) still denies any wrong doing. In my opinion there appears to be some felonies committed here.

[AK lawyer]

The plot thickens. I just found out that in May 2003 my sister with a big time lawyer friend (who is now deceased) rigged the deed and forged my mothers signature to take over the house. My sister in turn took out a equity loan for some $1000,000 against the house. She is now trying to coerce my mother into saying that she(mother) agreed to this. Yes as it stands now the house is in my sisters name. The family has talked to our mother and she flat out denies signing over the house. My mother had no idea that she (sister) had done this. ...

If your sister in fact forged your mother's signature, your mother could get the deed set aside, and your sister might be prosecuted for fraud. But frankly, it appears that your mom may be just telling you whatever you want to hear.

[ScottGem]

If mom claims the deed was forged report it to the police. You might first want to get an expert to confirm a forgery.