Legal Question in Real Estate Law in Massachusetts
sound mind legal signature
if a person diagnosed with dementia and altzheimers signs her house over to someone can the deed be contested and is there a time limit on contesting the sound mind and/or said signature
3 Answers from Attorneys
Re: sound mind legal signature
The conveyance can be contested. However, depending upon the specific facts, proving your case may be problematic.
The statute of limitations period will depend upon the legal grounds for trying to invalidate the conveyance. The SOL for contracts is 6 years
Re: sound mind legal signature
Sure, it can be contested... but on the flip side, just because there has been a diagnosis of Alzheimer's does not mean that the donor legally lacks the ability to make the gift.
A variety of factors will come into play here -- how ill is the donor, what is the relationship of the donor to the donee, is there a history of the donor stating before becoming ill that that she wanted to make the gift, is there evidence of undue influence, etc.
Given the cost and the nastiness of this kind of litigation, you don't want to run into court without doing some careful investigation. You need to consult with an attorney who has experience in probate litigation.
Re: sound mind legal signature
You should consult with an attorney, with all the information which you have, and it would make sense to do so promptly.
Time limits depend upon more than one factor, and there are a variety of potential issues here which could affect the recommended course of action. For example, the limits could be three, six, or twenty years, depending upon the specific facts.
There may also be criminal aspects, depending upon the facts and circumstances.
You should contact an attorney, promptly.