Legal Question in Wills and Trusts in North Carolina

What a mess. If your mother signed the house over to your sibling while you mother was under coercion did you file any kind of a challenge against your sibling based on undue influence? When you say that the profit was to be divided, is there a document that requires this? If it was just her word, then you are out of luck. She has the property and you cannot force her to divide up the profits. Your only remedy that I can see is to challenge what you mother did on the grounds of undue influence.

You do not indicate when your mother conveyed the house to your sibling, when you mother died, whether your mother had a will or if the property is NC. The answers to these questions will affect whether you can still file what is called a "caveat" to your mother's will or whether you can bring a legal action against your sister.

My advice would be to seek out a probate litigation attorney in the area where the land is located and see if you can file a caveat to the will. If not, then see if you still can pursue an action against your sister seeking rescission of the deed.

Be careful - litigation is expensive and there has to be enough profit from the house to make it worthwhile. Undue influence may need to be proved by testimony from your mother's physician as well as from others who were familiar with her mental condition at the time she conveyed the land. This will not be cheap.