QUESTION
What rights do four siblings have after other sister put our mother's farm in her own name before our mother died?
Asked on May 05th, 2014 on Estate Planning - Nebraska
More details to this question:
Our mother owned a farm, she was elderly but still lived there. Out of the five children she had, one of them wanted to buy the farm. She was also the power of attorney for our mom. Nothing was ever mentioned again and life went on. About a year and a half later we find out that she had gone ahead and had an attorney come and put the farm in her name, it was sold for $1. She never told us. We found out by accident a year and a half after the fact. We confronted her and she told us it was between her and our mother. Our mother said this is the price we agreed to, but she didn't know it had already been put in our sister's name. At that time she was 88 years old. We were a very close family up until that time, so we told our sister she had to fix this but an argument ensued. Our mother fell two months later and was then hospitalized and then to a nursing home where she then passed away two months after that. Supposedly our sister was to pay us each the agreed upon amount for the farm. It is coming up on one year in June and she has not reached out to us or paid us. There were also a large CD that was put in my sister's name as well prior to our mother's death. My mother had always said everything is to be split equally. She even wrote a note and we found it on the table near her bedside that she loved us all equally and everything was to be split equally, even the farm. So we need to know what rights we have to get the money from our sister or if we can even dispute the sale of the farm prior to her death when the will still says the farm is to be split equally. We also need to know what rights we have to the CD that our mother wrote was to be split equally, but my sister's name is listed as the beneficiary. We need to know if we have a case at all and if it's worth it to pursue it.
16 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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It sounds like you may have a case here against your sister for a portion of what she received from your mother. This actually happens often with elderly parents. They trust one sibling and put everything in their name trying avoid probate and other anticipated problems after their death. However, that sibling does not and may have never intended to share the assets with the other siblings as promised. Legally, it is as though your mother made a gift to her during her lifetime, however, you can contradict that by filing a suit against your sister in probate court if you have proof that your mother intended that all the sibling share in her estate or that your mother was tricked or deceived into transferring all her assets to your sister. I would recommend that you consult with a probate attorney to properly evaluate all the facts of your case and make a recommendation to you regarding your course of action.
Answered on May 14th, 2014 at 11:05 AM
You might well have a case. A person acting under a power of attorney is a fiduciary and is supposed to act in their ward's best interest, not their own. What you could be getting into is generally called probate litigation. You would probably be challenging some beneficiary designations. This is just like other litigation except that it happens in probate court instead of circuit (or district) court. I hope you kept that note. That could be valuable. Regardless, you should definitely consult with an attorney.
Answered on May 07th, 2014 at 9:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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This is a classical undue influence case. See an attorney. The longer you wait the lower you chances.
Answered on May 07th, 2014 at 9:02 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I think there are many different aspects of this situation. You need to determine if the title was transferred by your mother or by your sister under the POA. If it was done by your sister, that would obviously make things a bit easier. Your mother's condition when the deed was signed is also an issue. Unless your sister decides to cave in, you are almost certainly going to need to retain a good probate litigation attorney to challenge this.
Answered on May 07th, 2014 at 9:02 PM
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Get an attorney if you feel your sister unduly influenced your mother to transfer the farm to her. You will not likely get very far without an attorney and there are time limitations on bringing an action related to your mother's estate.
Answered on May 07th, 2014 at 9:02 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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It is possible that you have a case against your sister. No one will be able to tell you for sure without interviewing you and your siblings, reviewing documents, and doing any necessary follow-up investigation. The only way to know for sure is to contact some lawyers who practice in the area of elder financial abuse and/or probate matters, and talk to them. Remember, you are interviewing them as much as they are interviewing you. If this case has merit, you should have relatively little trouble finding an attorney who will be willing to represent you and your siblings. I urge you to start contacting lawyers now, however, to avoid any problems with statutes of limitations.
Answered on May 07th, 2014 at 9:02 PM
You have a likely case. The note probably does not have enough of the right words to qualify as a written Will [in California a valid holographic Will exists if everything on the page is in the person's own handwriting, but the person must make it clear that the note is their last Will and Testament]. The person holding a power of attorney must act in a fashion consistent with the probable wishes of the creator of the POA, which your sister apparently has not. ?A person with a POA can not transfer property to themselves for purposes other than the benefit of the creator. Your sister has appeared to act contrary to the powers given her and also appears to have exerted undue influence. There is a good chance that the transfer of the property to her for one dollar can be reversed and that your mother would be considered to have died without a Will, so the property would be evenly divided among her children. You definitely should go to a local attorney who handles probate and trust matters, get their opinion, work out a plan, write your sister a demand letter pointing out that she may force you to sue her for fraud.
Answered on May 07th, 2014 at 9:02 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If your mother executed the deed of transfer and/or the transfer papers for the CD then you would have to show that your mother lacked capacity to understand what she did, or acted under coercion or duress. Alternatively, you would have to prove an agreement between the mother and sibling whereby the sibling was to make payments to the other children. If your mother did not execute the deed or the CD transfer papers you would have to show that the sibling with the POA knowingly acted against the will and intent of your mother and without her knowledge since the mother could have reversed the transactions if she wanted to do so. You need to bring all the facts to an attorney to evaluate.
Answered on May 07th, 2014 at 9:02 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The rights you have are to obtain the services of a probate trust litigation lawyer to investigate, and unravel this problem and to represent you in a petition to the probate court for an accounting, and other remedies.
Answered on May 07th, 2014 at 9:02 PM
Hire an attorney who can help you with this complex issue. There may have been legitimate reasons for your sister's actions. But if she isn't telling you why she put the farm land and CD in her name, you may need to file suit.
Answered on May 07th, 2014 at 9:01 PM
Unfortunately, cases of elder abuse including the exercise of ?undue influence? on older people are happening more and more. You need to find a good wills and estates lawyer ASAP to file a lawsuit to protect and enforce your rights. Let me know if you need a referral in your area.
Answered on May 07th, 2014 at 9:01 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Of course you have an excellent case. Hire a lawyer to file a petition for probate and then an 850 petition to put all the assets into the estate.
Answered on May 07th, 2014 at 9:01 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Get a lawyer and sue her. Do not wait. Time lost is rights lost.
Answered on May 07th, 2014 at 9:01 PM
Edwin K. Niles
Please see a probate lawyer ASAP.
Answered on May 07th, 2014 at 9:01 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Your sister seems to have played your mother and set up an estate plan that was not to her wishes. (e.g. all to her instead of split )contact a probate attorney immediately to see if something can be done.
Answered on May 07th, 2014 at 9:01 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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The four of you really need to retain counsel ASAP. There are a number of different theories that could be combined to give you some relief here. You could sue to set aside the conveyance from your mother to your sister - undue influence, breach of a fiduciary duty, etc. You might also file an action for determination of heirship since it's too late to open an estate. You might sue for an accounting. All of these actions could be joined into one suit but you cannot do this alone, you will have to hire an attorney to represent you.
Answered on May 07th, 2014 at 9:01 PM