Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My Mother is 89 years old and her oldest Daughter who is 65 took Mother to a Lawyer and had her sign a Warranty Deed giving My Mother’s 6 acres including her home to my sister there is a reservation from Conveyance in the Deed that States “For Grantor and Grantor’s Assigns, A Reservation of the full Possession, Benefeit, And use of the Property for the Life of the Grantor, as a Life estate, with Remainder to Grantee” Also Under Consideration it states “Cash and other good and valuable consideration. The fact is that Mother was told she was signing over part of her pasture and that it had nothing to do with the House but in reality it is her 6 acres with all improvements. Is there anything my Mother can do to have this revoked? And my sister and her husband are going onto Mothers property and tearing up her landscape and want to tear down her storage shed, under the reservation is there anyway she can prevent them from coming onto her property, Can she sell her property or take out a government reversal loan? Mother also looked at the deed that was filed and stated it is not what she signed.”
Question: If your mother really didn’t know what she was signing, she can sue your sister for fraud. She may be able to make out a civil or even criminal case for elder abuse, too. Holiday dinners will never be the same afterward.
