Legal Question in Wills and Trusts in Massachusetts

Re: Wiils

It is possible to make a claim of undue influence or incompetence of the donor (your mother), although as previously stated, these are difficult claims to prove. Much more information is needed re: the relationship of the 3 children with their mother over the 15 years between the will and the transfer; your mother's intent at the time of the transfer; and what influence your brother may have had over her.

I have represented people in similar situations. Please let me know if I can assist you with this.

Re: Wiils

It depends upon the particular circumstances.

Clearly, the transfer was a gift. The question is, was your mother fully aware at the time she transferred the property?

As noted, it is not necessarily an easy row to hoe to get a deed overturned, but if your mother lacked capacity, and if your brother was in a special relationship with her at the time, it is possible that the transaction could be questioned.

If you wish to pursue the matter further, you may contact my office to arrange for an appointment.

Re: Wiils

The issue is was there an intent of your mother to make a gift to your brother and did he exert undue influence.

One of the issues is whether your mother was of sound mind when she made the transfer. Other issues are intent to make a gift, was a gift tax return filed; why did your mother take such action.

While you may have a legal claim, undue influence claims are difficult and expensive.

: Wiils

Intent is a secondary matter. The test is what condition your mother was in at the time she signed the property to your brother, and if this signature was voluntary and knowing.

If you have questions, please contact me.