Legal Question in Wills and Trusts in Trinidad and Tobago
my mom asked my brother to have a deed put in the names of her three sons, he had the deed made out only in his name, how can we have it reversed, my mom is stil alive
1 Answer from Attorneys
Who owned the property? Mom?
Is your mom literate?
Did she sign the deed without knowledge of its contents? ( It has nothing to do with trust.),
Did she keep a share (joint tenancy or tenants in common) or only a life interest?
If your mom kept a share (joint tenancy or tenants in common) she can deal with her share.
If she kept a share as a tenant in common her share is secure. She can deal with her share now or can will same
If she kept a share as a joint tenant the she should sever the joint tenancy now because if the dies before severing the joint tenancy your brother gets everything by virtue of the rights of survivorship.
More details of the transaction are required before an opinion can be expressed?