Can an adopted sibling take away a property that was deeded to another sibling by mother, upon mother's death?

Question

Mother has 3 natural born children, one adopted child. Mother deeded her house to her firstborn daughter. Daughter is permanent caregiver for Mother. Adopted son says he "has something" that will allow the house to be taken away from the daughter who now owns the house, upon Mother's death. Is there a way for the house to be taken away from daughter? How does she protect herself and keep the house? Thank you.

Thomas Phipps · Answer

No.  Once the deed is in the child's name, only the child can change the title.

Kathleen Delacy · Answer

If house is in her name only way to transfer deed is for current owner to sign deed in transfer.

James Oberholtzer · Answer

It can only be taken away if there is a problem with the deed or the circumstances of the transfer to the daughter. Usually, a challenge would be based on lack of capacity of the mother or undue influence by the daughter.

Brian Haggerty · Answer

Mother deeded the house to daughter. Daughter is now the owner of the house. Period. This is just like you saying you "have something" that will let you take away my house. My response would be, "bring it." Adopted son can sue daughter on some "undue influence" theory. Or maybe "constructive trust." We can't stop adopted son from getting his day in court; from the facts you provide, it sounds to me like he's wasting his time. However, I assume the house is worth a fair amount of money. Imagine that amount of cash on the dining room table. It's probably worth daughter seeing a lawyer to make sure her position is secure.

Thomas Edward Gates · Answer

If the daughter received the property per a deed, there is little that could be done as long as the mother had full rights to make the transfer. The adopted son is just posturing. Retain an attorney if he continues to make threats.

David M. Grant · Answer

If the adopted son could convince the court that Mother transferred the home because of fraud, undue influence, or that the transfer was made at a time when Mother lacked the requisite capacity to know and appreciate what she was doing, then it is possible that a court could set the conveyance aside and return the property to Mother or her estate when she dies. Even if elements of fraud, undue influence or diminished capacity are not present, the adopted son could still cause lots of problems alleging as much in order to force a settlement. In order for Daughter to protect herself (and Mother's intentions), she should carefully document Mother's mental capacity and the circumstances surrounding the transfer. She might want to have mother evaluated by a physician or psychiatrist and have a formal written report of the findings made by such doctor. She should also make sure that her will and/or trust is property drafted and executed. Mother's will and/or trust should be clear that Daughter is to receive the house and may even go so far as to disinherit the adopted son and others if necessary. If mother is still living and has her mental capacity in check, she should definitely meet with an attorney who specializes in these areas of the law to make sure that her intentions are honored.

James Frederick · Answer

Not enough information is provided. It sounds pretty dubious to me. Perhaps your brother is simply trying to stir the pot.

Christine James · Answer

It is impossible to say what brother has. The fact that he is adopted has nothing to do with anything. If your mother adopted him, he is considered her child. As long as mom had capacity and was not influenced into deeding the home to the daughter, it should hold up. These transfers are often questioned by other siblings for obvious reasons. You will not know what is going to happen until the time comes.

Mark T. Peters · Answer

Perhaps he has evidence that daughter exerted undue influence or maybe he got mom to sign another deed. Tell him to put up or shut up.

Victor Waid · Answer

No. The deed stands against all other alleged documents, sounds like the adopted child may have a power of attorney from the mother or a will. Power of attorney dies when mother dies, and will does not have any affect on a during life transfer, i.e. deed of property from mother to daughter.

Dara J. Goldsmith · Answer

Adoption is of no issue. The issue is whether thee was undue influence or capacity issues. You should seek legal counsel. The answer or possible issues and results should be addresses with an attorney experienced in these types of matters. There is no simple answer. There also may be additional liability of the daughter who received the property.

Jayne Sebby · Answer

If the property was properly and voluntarily deeded and and the transfer recorded, the property would no longer be in the parent's estate at the time of her death and would not be subject to probate. If the son has "something" that would prevent the transfer, he needs to present it now.

Ben Liu · Answer

If the house was deeded to the daughter and the mother had the right to do so, the daughter is the owner of the house.

Christine Socrates · Answer

No, your brother cannot take the house away from anyone unless there was some wrongdoing involved in the execution of the deed making it invalid. Did your mother sign a quitclaim deed or a transfer on death affidavit?

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Can an adopted sibling take away a property that was deeded to another sibling by mother, upon mother's death?

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