Legal Question in Wills and Trusts in Georgia

Maybe. What were the circumstances surrounding the transfer? Did the niece instigate this? A lawyer had to be involved to prepare the deed. What were the circumstances there? Did the lawyer come to your mother or did she go to his office? Who hired the attorney? Your mother? Or your niece?

Notwithstanding the fact that your mother was on pain meds, the human body builds up a tolerance. Also, the relief provide by morphine does not really last all that long. You would have to doctors to see how heavy a dose your mother was taking and what effects it would have on her cognitive abilities to read and understand something she was signing.

And since the transfer occurred while your mother was alive, there is nothing to contest in terms of probating her will. Any legal action would have to be brought by the executor of your mother's estate against the niece to the extent that there was fraud or undue influence by the niece.

If the niece did nothing and this was just your mother's idea, that brings up a different set of issues. It would be unlikely that the executor could prevail in any action against the niece. Rather, the executor would have to bring some action to set aside the deed. If that action was successful;, then the farm would pass as per your mother's will. If your mother had no will then it would pass as per the intestacy laws and you would be a beneficiary along with any other siblings and spouse if your mother was married.

There are a whole lot of facts which you are not relating. How is it that the niece winds up with the farm? Did she have a power of attorney over your mother? Why were you not ade a beneficiary or agent under a power of attorney? Were you estranged from your mother? Did your mother have a will and specifically disinherit you? What other assets did your mother own and how were they titled? If there was a will who did these assets go to? When was the will made?

The answers to these questions may dictate as to whether you can and should bring a will caveat. In a caveat to a will, the will is challenged. If the person challenging the will is successful, the will is invalidated and the person challenging would inherit under the intestacy laws. In this case, if your mother had a will and left all to the niece and specifically disinherited you, then you could file a caveat. However, the will caveat only relates to probate assets, not non-probate assets that would pass automatically to the designated beneficiary. She transferred the land during her lifetime so this would not be involved. Other examples of non-probate assets are joint bank accounts, life insurance, annuities or retirement (IRAS, pensions etc.).

I would go and see a probate lawyer who practices in the county where your mother lived at the time of her death. This should be where the farm was located if your mother lived at the farm. Pay the attorney to review the deed transfer and any will and any other relevant circumstances before you decide to act.