QUESTION
Is it possible for the mother to get the home back?
Asked on Apr 06th, 2013 on Estate Planning - Georgia
More details to this question:
Mother signed over home deed to her youngest son before he got married. He has now passed and his wife is making waves for mother. Is it possible to get home back in her ownership?
16 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Possibly. She should get a lawyer; they may be able to argue that a trust was intended, and not an outright transfer.
Answered on Apr 08th, 2013 at 9:17 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If owned by her son, it depends on what his will says and if no will it passes by intestate which would pass to spouse first, unless he had children not his spouses, then she would only get a life estate.
Answered on Apr 08th, 2013 at 11:36 AM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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Chances are, no - not entirely anyway. If son died without children and did not transfer title to the house to his wife and himself, then under Michigan's intestate succession laws, after certain allowances, the property in his estate would be divided one half to the wife and one half to the mother. Would probably require more assets than just the house in probate to make that happen. That's why you don't transfer property to children as a part of your estate plan - not unless you intend an outright gift and to give up control of the asset.
Answered on Apr 08th, 2013 at 11:36 AM
If the mother was mentally incompetent or under undue influence at the time, it is possible to have the deed rescinded.
Answered on Apr 08th, 2013 at 11:36 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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She passed the title to son... Son now des. Since the property was in his name, his will or the intestate succession laws will now decide how property s distributed. You mter probably needs to see an attorney.
Answered on Apr 08th, 2013 at 2:27 AM
2 Awards
This is a VERY complex matter and asking this question on line is not the best move. Contact an attorney asap and sit down, explain the circumstances of the transfer from mother to son, and see what can be done. DO NOT WAIT. Call an attorney.
Answered on Apr 08th, 2013 at 2:20 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends on HOW the deed was "signed over." If your mother retained an interest, then she may be able to do something, depending on what that interest was. If she retained no interest in the property, then she HAS no interest in the property. It all depends on the precise language used in the deed. If this was not drawn up by an attorney, then chances are very good that it was not done properly.
Answered on Apr 08th, 2013 at 2:01 AM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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The wife will most likely get the home unless she wants to deed it back to your mother. If wife was not on the deed then the house will go through Probate where wife can inherit most if not all of the estate.
Answered on Apr 08th, 2013 at 1:18 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Have to see the deed or deeds, she may have lost the property.
Answered on Apr 08th, 2013 at 1:02 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No.
Answered on Apr 08th, 2013 at 12:54 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Depends on how the property was titled; did the son change title to himself and his wife in joint tenancy, which has the right of survivor ship to wife? If not, maybe the mother succeeds to the property, subject to a minor claim of wife for increasing value; or she may claim a widow's share in the property. You should obtain assistance of legal counsel of a probate attorney to determine the succession of the property to whom.
Answered on Apr 08th, 2013 at 12:53 AM
Unless the daughter in law agrees, it will be very difficult. The mother will have to file a Petition in Court and be able to prove that the the transfer from her to her son should be overturned. This is difficult and will involve a Court proceeding. Mother should immediately consult with an attorney who specializes in this type of litigation for assistance.
Answered on Apr 08th, 2013 at 12:52 AM
3 Awards
Possible. Maybe but it all depends upon the facts. She needs to consult with an attorney about facts, options and costs. Bet of luck to you both.
Answered on Apr 08th, 2013 at 12:51 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Yes, of course. A.
Answered on Apr 08th, 2013 at 12:51 AM
If the house is in the son's name only and the son has no will, the house will most likely pass to his wife and children.
Answered on Apr 08th, 2013 at 12:50 AM
Glen Edward Ashman
Deeds are permanent. No.
Answered on Apr 08th, 2013 at 12:47 AM