Legal Question in Elder Law in Georgia

Property Taken By Joint Tenancy

My uncle and aunt land was taken from them by their son-n-law. The son-n-law told them they would be signing a will but instead it was a warranty deed and my uncle didn't know about it until 4 mos later. Someone at the courthouse told my uncle all of his 12 acres of land was taken out of his name through joint tenancy w/rights of suvivorship to the son-n-law. My aunt has alzheimer and they need this property to live off the income. My uncle & aunt house burned down in feb 2,2004 and the son-n-law took the property on 2/26/04. So now they are renting a home for $400 per month which they are struggling to pay. My uncle goes to work everyday mowing yards to make ends meet while my aunt roams around the city. The son-n-law has not lived as man & wife with my uncle daughter for over the pass 10 years. Only the son-n-law and granddaughter are grantees on the deed. What can be done to have the land given back to my uncle if he don't have money to pay for a lawsuit? The warranty deed also indicates the grantor reserves the right to a life estate -what does this mean for my uncle?


Asked on 9/21/04, 10:18 am

1 Answer from Attorneys
Christopher Ballar Christopher A. Ballar PC

Re: Property Taken By Joint Tenancy

It sounds like someone is trying to do home spun Medicaid planning. A life estate is when you give property away but retain the right to live there. Your uncle needs to seek help from a local legal aid organization if he has no money and was tricked into siging the deed under false pretenses.

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Answered on 9/21/04, 11:33 am


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