Legal Question in Civil Litigation in Georgia

I am one of five adult children. Upon mother�s death several years ago, father stated he did not have the monies to continue with bills left by mom(medical care) and the house payments. He asked us to sign over our share of the house to him. My brothers and I did so believing that father was being truthful. We later found out that he had taken our names completely off the deed and has added his baby sister�s name (she is an adult) without our knowledge. He is now in the early stages of Alzheimer�s and has a severe liver ailment due to many years of drinking. Recently my aunt had legal papers drawn up giving her complete ownership of the property. This was done with her having the knowledge that dad is in the early stages of Alzheimer�s. What legal recourse can we take at this point if any in order to secure dad�s property and preventing him being thrown out of the house when his condition deteriorates? I should also include that the land the house sits on was purchased by me and another brother-but we signed the land over to mom and dad in order for them to build the house.


Asked on 6/12/11, 7:53 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I hate to tell you, but it sounds like you and your siblings screwed up if your intent was to retain an interest in the land. That's what happens when people do legal things without seeing lawyers. When you sign over a home, it's gone. There are no "do-overs." Once you did that he was free to do as he pleased whether you like it or not. It doesn't matter who bought the land. You have learned an expensive lesson in life.

The only part of your post that raises any legal question would be the papers your aunt had done. If his Alzheimers was at a point where he truly did not understand that transfer, that transfer could be challenged (that would likely be a very expensive court battle and there is no assurance, as the case would revolve on the severity of his condition, that you would win.) Bear in mind that if you did the property would belong not to you but to your father and his sister. It is unclear in your post if that sister is the aunt to whom you refer.

Read more
Answered on 6/12/11, 8:12 am


Related Questions & Answers

More General Civil Litigation questions and answers in Georgia