Legal Question in Real Estate Law in Georgia

Contract signed by someone incompetent

My husband had a leftside brain stroke which left him with aphasia which is a ''total or partial loss of ability to use or understand language; usually caused by stroke,brain disease,or injury''.My husband inherited 1.5 acres of land from his mother. who died over 4 years ago and left it to him at that time.We built our house on it and have lived on it for almost 10 years but his oldest brother who was named Executor of His Mothers Estate just gave us the documents to have the name changed on the deed in March of this year(2007).In April 2007 my husband had a severe stroke which left him hospitilized & in long term care facility till now.His other brother came to GA. from Mich. in May &had him(Husband) sign a document giving him(brother) the land for $10.I just found out yesterday when I was attempting to get a loan to have some things done to our house so I could bring my husband home to live.The paper my Brother in law had signed by my hubby is just squiggly lines that don't even resemble letters at all let alone my husbands signature & the doctors can attest to fact that husband wasn't capable of understanding what he signed at that time.How can I have the deed returned to my husbands name and can the brother be prosecuted?


Asked on 7/31/07, 2:34 pm

2 Answers from Attorneys
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Contract signed by someone incompetent

You will need to challenge the deed in a court of law. You should consult an attorney to determine what that will involve. Meanwhile, avoid discussing the matter with anyone or posting information about it on legal websites. Feel free to contact my law practice if you live in the north Georgia area.

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Answered on 7/31/07, 3:00 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Contract signed by someone incompetent

There may be grounds to have the deed set aside, possibly for fraud, duress, etc. All of the facts and documents need to be examines. You should consult with a local attorney.

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Answered on 8/02/07, 1:02 pm


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