[gillspie55]

My sister had a promissory note from my mother for $95,000, secured by my mother's home, which was up for sale. The note was prepared so that my mother could live in a mobile home on my sister's property until the day she died, which occurred approximately 4 weeks after she moved into the mobile home. When it was clear my mother was passing, my sister called the real estate agent, who had papers drawn up for all of us to sign, accepting an offer on the house. We were then told we had to sign right away, or the deal would be lost, and the papers were actually waiting on us within an hour of my mother passing. My brother and I were upset and unsure what we were signing--in fact, nothing was explained to us except that this was necessary to get "Mama's debts paid". In examining papers after her death, we found the $95,000 note, of which we were unaware, which upon sale of the house, would leave the estate bankrupt and my mother's debts unpaid. Could the situation surrounding my signing that contract be considered duress?

[ScottGem]

Probably not. But it might be considered fraud on the sister's part. The key here is the promissory note. If mom was aware when she signed it, then sis has a valid claim against the sale of the home. And whether you were aware of it or not had no bearing on the need to agree to the sale.

[Fr_Chuck]

I am sorry for your loss, but there was no force and you had a chance to read the contract. Also this would have been an acceptance of a offer, not the closing documents, one coul still merely refuse to sign documents at closing ( would put you in default of the sale contract)

But the real issue is the 95000 loan on the home, Why was it for that amount, and why was it to your sister ? The home was already in moms name, so it did not need to be a loan to allow her to live there?

If this loan was in error or if there was some fraud, then there is your issue, but if the loan is iegal, it has to be paid no matter who is buying it. If the sister was not suppose to have a lien on the home, that is the issue you have to deal with, since of course any lien has to be paid before it can be sold ( paid at closing)