QUESTION
If my mother gave me her property as a gift of love, how can my brother take it away without my signature?
Asked on Sep 13th, 2013 on Estate Planning - California
11 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You didn't give me enough information to answer this properly. How did your brother take it away? If your mother left a probate estate but didn't provide that the property went to you and your brother was named administrator (personal representative/executor) he may have sold the property to generate cash.
Answered on Sep 20th, 2013 at 2:48 PM
Did your mother give you the deed, i.e. sign the property over to you in a formal gifting? Real estate transfers and promises of transfer require a writing.
Answered on Sep 17th, 2013 at 2:47 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He probably can't unless he has the power of attorney and your mother gave you the gift when she did not have the mental capacity to know what she was doing.
Answered on Sep 16th, 2013 at 5:51 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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More information is needed. How was the property given and how is your brother trying to take it away? It is likely that a lawyer needs to review any documents involved.
Answered on Sep 13th, 2013 at 4:52 PM
You will need to contact a lawyer for assistance as your question is not capable of being answered here.
Answered on Sep 13th, 2013 at 4:49 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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He can't. That would be stealing. If your mother gave you a gift (she intended for you to have the property, and she actually delivered the property to you) then it is yours.
Answered on Sep 13th, 2013 at 4:07 PM
2 Awards
Your brother cannot take it away but you may have to share it depending upon the circumstances surrounding the transfer. To know for sure and protect your rights, speak with an attorney as soon as possible.
Answered on Sep 13th, 2013 at 3:33 PM
Thomas Edward Gates
If the title is in your name, he cannot do so.
Answered on Sep 13th, 2013 at 3:32 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Gifts of love must be evidenced by a deed transferring from mother to you. Was the deed still in her name at death? Then a probate might be in order; or did she deed the property to your brother? You need the assistance of a probate lawyer to advise you as to the course of conduct you need to take.
Answered on Sep 13th, 2013 at 2:36 PM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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If you received the property as a gift, it is yours and cannot be forcibly taken away without a court order.
Answered on Sep 13th, 2013 at 2:36 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If she gave you a necklace, I don't see how he can take it, other than ripping it off of your neck or taking it from your drawer. If she gave you a parcel of real property by giving you a deed, and you had the deed recorded, I don't see how he can do it unless he can convince a court that you were engaged in wrongdoing. But if she gave you a house by saying, "It's all yours; go ahead and move in," without doing appropriate documentation, then you're out of luck.
Answered on Sep 13th, 2013 at 2:36 PM