Legal Question in Real Estate Law in New York
Behind-the-Back House Transfer
My mother had dementia for several years before she died last month. I just found out that my sister had mom sign her house over to her over a year ago. This was done without my knowledge or consent, and it puts my sister in charge of selling the house and splitting the proceeds with me, which makes me very nervous. What are my rights in this matter?
2 Answers from Attorneys
Re: Behind-the-Back House Transfer
If the gift (house) was transferred without donative intent because mother had dementia, you may challenge the transfer in Supreme Court. The Supreme Court has the power to vacate the deed.
If you want more information feel free to contact my office.
Mike.
Re: Behind-the-Back House Transfer
One property owner has right to gift his property, but it needs capacity of party to convey, whereas, as per your statement, your mother was suffering from some disease. It can be challenged proving the incapacity of party. Court has power to annul the deed.
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