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I have POA for my mother, as well as executor of her will. When she sold her home, ( she lives with my husband and I ) we split a home. all 3 of us are named on the deed. my brother is wanting the house to be listed as part of her estate. can he take us to court to make that happen? We intend to buy out moms half when we all move there when I retire in 5 years. for now it is a vacation home.
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Dont call me but ask a local MI lawyer. My thought would be he could challenge any transfer done by you via the POA or by mom when she was under your care. But, he would have to prove that she was incompetent at the time or under undue influence or coercion. This is hard to prove and any attorney he may speak with will advise hiim so. These types of allegations need to be proven by clear and convincing evidence.
Answered on Dec 24th, 2013 at 8:50 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900