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    Transfer of Deed under Duress

    My uncle threatened to put my grandmother in a nursing home unless she signed her house over to him (he was a heroin addict). My uncle was very abusive and used to beat her up for drug money when he was younger. All the neighbors were very afraid of him. He died (of HIV at 43) and left the house to his addict girlfriend. He left the house in a 'living trust', my grandmother has been living there. The girlfriend moved in the house, initiated restraining orders against my sister and I so we could not visit. All our calls and letters were unanswered. That was 5 yrs ago.

    Recently I found out the girlfriend stole 10,000.00 turned the water off, left and has not been seen from since. My grandmother (bedridden) was alone for days and was discovered by a concerned neighbor. Her neighbor (at 83) now has POA and oversees my grandmothers care. My grandmother says 'he stole my house'. I know the girlfriend is just waiting for her to die. Is there anything I can do to undo the transfer of the deed to the property? I have heard it is costly, but she was intimated into the situation.

    Thank you for your assistance.


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    Q: Is there anything I can do to undo the transfer of the deed to the property?

    A: Who will be your witnesses?

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    Q: Is there anything I can do to undo the transfer of the deed to the property?

    A: Who will be your witnesses?




    The current POA and another neighbor. Or are you asking me who were the witnesses to the transfer of the deed? I researched the deed. It was in fact transferred to my uncle just before he died for the sum of 300.00. My grandmother states he threatened her to sign or he would put her in a nursing home. I was living out of state, and was not aware of this until my uncles death.

    Thank you for any direction.

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    So grandma, who signed this deed more than five years ago, would be asking the court to find that a dead man coerced her?

    How did he do that and how will you prove it?

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    So grandma, who signed this deed more than five years ago, would be asking the court to find that a dead man coerced her?

    How did he do that and how will you prove it?



    What does a court usually do in a situation as this? The girlfriend has served time for a range of offenses,between 1982 and 1990, including forgery, larceny, assault and battery, possession of heroin and prostitution. She met my uncle, a fellow user who was in the last stage of HIV related disease. He used various intimidating tactics on people for as long as I have known him. My mother lived in the house and took care of my grandmother. When she died, (at 46 of rare brain cancer) my uncle and his girlfriend moved in. The neighbors report (and their houses are all 20' apart) they were not allowed to visit her anymore at that point.

    At this point, i would like to help my grandmother and am prepared to float the financial boat if it is at all possible to undo the transfer. I would like to see her leave the house to someone in the family or anyone she cares to, even the home health aide. It breaks my heart that this person is waiting for her to die and will have the only thing left in my family.

    Thanks again.

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    So far, you have not presented any evidence that would cause a court to order the reversal of this deed.

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    Ok, so what constitutes evidence? Would a statement or sworn affadavit from my grandmother (she is competent)? Would the court take into consideration the history of my uncle, his girlfriend and the events witnessed by neighbors?

    Thanks.

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    You and your grandmother really need to see a probate attorney, or an attorney that specialized in probate law.

    Your grandmother though has waited far too long to dispute this. If there was domestic abuse going on she should have reported him to the police and filed an RO. If the girlfriend has been mistreating or neglecting your grandmother, then that can be considered elderly abuse and you really need to see an attorney.

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    Quote Originally Posted by cmvig512 View Post
    Ok, so what constitutes evidence? Would a statement or sworn affadavit from my grandmother (she is competent)? Would the court take into consideration the history of my uncle, his girlfriend and the events witnessed by neighbors?

    Thanks.
    You're in court. There is a deed signed and notarized by grandma.

    Now, grandma says, "I didn't really mean what I put down in black and white and recorded in the land deed records!"

    The judge says, "Okay, tell me why."

    Your turn.....

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    You're in court. There is a deed signed and notarized by grandma.

    Now, grandma says, "I didn't really mean what I put down in black and white and recorded in the land deed records!"


    She denies ever signing the transfer.....she states the only document she ever signed was to buy a set of furniture. She says he would frequently tell her to sign the house over or he would put her in a nursing home.

    Do people (family and courts) usually just sit back and allow these things to happen? Are outcomes generally bleak? And what evidence or circumstance makes a judge see the situation for what it is?

    Thanks

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    Quote Originally Posted by cmvig512 View Post
    You're in court. There is a deed signed and notarized by grandma.

    Now, grandma says, "I didn't really mean what I put down in black and white and recorded in the land deed records!"


    She denies ever signing the transfer.....she states the only document she ever signed was to buy a set of furniture. She says he would frequently tell her to sign the house over or he would put her in a nursing home.

    Do people (family and courts) usually just sit back and allow these things to happen? Are outcomes generally bleak? And what evidence or circumstance makes a judge see the situation for what it is?

    Thanks
    There is no "usually" in the court system.

    Contact a lawyer specializing in this kind of case to talk about your options.

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