Legal Question in Civil Litigation in Georgia

Mother deeding property in life estate...

My mother was left a life estate by my father. One farm and home was owned by him solely, another farm was owned by the two of them. My father stipulated that the land was to pass lineallyl; she agreed. I learned she recently went to the county clerk's office and transferred 2/3 of the jointly owned farm by warranty deed to a nephew, essentially disinheriting me and her other grandchildren. She now says she did it when she ''wasn't feeling good.'' Is this legal? Can the land be retrieved for the estate? In short, do I have any recourse or do you have any advice?


Asked on 3/18/09, 9:51 am

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Mother deeding property in life estate...

You may well have a claim, but it is impossible to tell without reviewing the relevant documents. Consult with a local attorney.

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Answered on 3/19/09, 8:39 pm
John DeLancett Law Offices of John DeLancett, PL.

Re: Mother deeding property in life estate...

First, without reviewing all the documents involved and talking to the relevant parties, no competent advice can be given nor can this reply be relied upon. Second, you did not specify the location of the properties. The laws of various states differ greatly on ownership of real property and the inheritance of same. In Florida, where I am, unless the deed says otherwise, married people who own real estate together are presumed to hold it as a tenancy by the entireties. Upon death of one of them, the deceased spouse's interest passes by operation of law to the surviving spouse. Absent written stipulations in the deed or otherwise, the surviving spouse owns all of the property and can do whatever they wish with it.

Assumming your mother is still alive and not legally incompetent,if the transfer was accomplished by the nephew through "undue influence" or fraud, it may be possible for your mother to set aside the deed. There are time limits to do so. Otherwise,the answer to your question will depend on any agreements to make a will, any wills, and a whole host of other factors there just isn't enough room to discuss in this space. Again, this is general background and cannot be relied upon as actual legal advice. If the property is in Florida, please call to set an appointment. Thank you.

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Answered on 3/18/09, 11:52 am


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