QUESTION

A family member unknowingly signed the house over to her daughter. She is still alive, is there a way to get her house back?

Asked on Apr 10th, 2012 on Elder Law - New York
More details to this question:
It started out as the daughter being second on the bank account. Now the daughter takes all her money. The daughter has never paid any bills in the house. Her mother is ill but still has her faculties. There are plenty of other family members that help take care of her but this daughter is taking advantage and turning the house into a mess. All the bills are in the elderly womans name.
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1 ANSWER

Financial Planning Attorney serving Brooklyn, NY
3 Awards
If someone unknowingly transfers a piece of real property, then there is potentially a cause of action to recover that property.  If there was fraud which took place at the onset of the signing of the papers, that is, the person signing the papers was lied to or tricked or duped into signing the property over to the other person, a cause of action may be able to be maintained to recover that property.  If the person who signed over the property did not have the ability to understand the nature of the transaction, i.e. a lack of capacity, then there may also be a basis to recover the property.  However, there are time limits for such an action to be brought and specific elements which must be analyzed before an action can be commenced.  It is essential that you consult with an attorney specializing in real estate litigation and constructive trusts to have you case evaluated. - Alfred Polizzotto, III
Answered on Apr 15th, 2012 at 12:19 PM

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