QUESTION
Can the guardian of a minor who inherited a land have any legal rights to the land?
Asked on Feb 21st, 2014 on Estate Planning - Michigan
More details to this question:
Inherited land by minors held in guardianship until minors turn 18. Then the minor was forced to sign over to guardian with promise to return at guardian's death. Guardian was a parent, who upon the minors 18th birthday took them to his lawyer and told them to sign land over to him while waiting outside and told to lie if asked that they were threatened. Promising he would leave them the land when he died, which he did not put on paper the agreement? Now he has passed and he willed half of the land to his wife who is not the mother of his children instead of giving it back to his children as promised. Unfortunately, they did not keep his word. Are there any laws regarding this? What can be done to challenge whether he had a legal right to the land since he did not pay anything to his children for the land? There's a little over 8 acres involved on major hwy frontage.
10 ANSWERS
Edwin K. Niles
The child can challenge the will in court, but there may be a statute of limitations problem.
Answered on Feb 26th, 2014 at 4:46 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of a probate litigation lawyer who specializes in guardianships to bring a legal action on behalf of the former minor children for fraud, undue influence, menace and duress. I hope not much time has elapsed since his actions.
Answered on Feb 26th, 2014 at 4:45 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You have not said how long ago this occurred. If it was last year, yes, there may be a remedy. If it was 10 years ago, probably not. Son really needs to talk with a local probate attorney to figure out if he has a viable remedy.
Answered on Feb 25th, 2014 at 5:46 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You need to hire a lawyer to look at the particular facts and documents of this case. It sounds like you have little or nothing in writing, it may be very difficult to prove the promise to make a will.
Answered on Feb 25th, 2014 at 5:40 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The Guardian has no rights in the assets of the ward. The guardian has fiduciary duties to protect the assets of the ward and loyalty to the ward. The guardian self-dealing with the assets of the ward is subject to strict scrutiny. The deed transferring the asset to the guardian may be subject to challenge as being obtained without consideration and that it was not the free and willing act of you as grantor. This proof may be difficult and would require a court proceeding to establish. The facts should be investigated and examined.
Answered on Feb 25th, 2014 at 5:39 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Sounds like a mess. The guardian would have no rights, as such, but when the child turned 18, he or she can GIVE the land to the parent(s), which is what it sounds like happened, here. Shame on the parent(s) for taking advantage of this. I do not see any way around it. You can allege fraud, breach of contract, etc., but I think you have a really tough case.
Answered on Feb 25th, 2014 at 5:39 PM
Thomas Edward Gates
His act was illegal and an attorney should be contacted to correct the matter.
Answered on Feb 25th, 2014 at 5:38 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Sue the wife and the lawyer.
Answered on Feb 25th, 2014 at 5:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney with the details but, on the face of it this does not look like it will be a easy claim due to your previous actions.
Answered on Feb 25th, 2014 at 5:19 PM
3 Awards
There are so many issues here, the only recommendation can be for the children to make an appointment to meet with an attorney about their options. Unfortunately as adults they signed their rights away. They should have gotten something in writing from their father. There may be issues related to waiver of conflict, etc. but those issues go well beyond this forum. Seek legal counsel, real live legal counsel.
Answered on Feb 25th, 2014 at 5:19 PM