for her house over to her son. She says that he told her it was a will and that it could be changed at any time but obviously thats not the case. The house was paid for at the time so she had complete ownership at the time the deed was executed. She has asked her to sign the house she paid for back over to her but he refuses. Is there any chance she can get her house back?
Your grandmother may very well be able to get her house back provided that she goes to Court and meets the elements of a cause of action known as "Constructive trust". A constructive trust is where someone acquires a property by fraud or even where it was originally acquired without fraud, it is inequitable for the person to now keep it.
In most jurisdictions, in order to establish a constructive trust and for your grandmother to get her house back, she would have to establish that there was (1) a promise made (express or implied), (2) the property was transferred relying on that promise, (3) there was a confidential relationship (family, close friend, fiduciary, etc.) and (4) it would be unjust for the person to keep the property.
Your grandmother should act as soon as possible and not sit back idly. There are defenses that can be raised to this kind of action including ratification, laches (delay in acting). In order to fully evaluate the claim and potential defenses, a local attorney knowledgable in this field of law should be consulted.
Alfred Polizzotto, III, Esq.
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