Legal Question in Wills and Trusts in Georgia
Can property deeded to sibling by parent be protested
My mother died three weeks ago. Her only asset was a house. Since her death, my sister and I have discovered that she signed her house over to our brother approximately 2 � years ago. She was 89 at the time and has had several strokes. My brother has been living with and off her for the past sixteen years or so. Our father died 15 years ago and his will was probated. It stated that upon my mother's death, her three children would inherit all assets equally. The last will I saw from my mother stated that she also wished to have her assets divided equally between her three children. As of yet, my mother's will has not been probated. Do we have any recourse to protest.
1 Answer from Attorneys
Re: Can property deeded to sibling by parent be protested
On the face of it, no. Your mother's will can only transfer property she owned at her death. If she deeded the property before her death, it would not be part of her estate. However, because of her age and mental state, there may be a legal question here whether the transfer was the result of duress or undue influence and it is possible it could be voided. The action to do this would probably have to be brought by her estate. Consult a good probate or real estate attorney in your area.
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