Legal Question in Wills and Trusts in Oregon
Can a signed deed be contested?
My 97 yr old mother died in 5/04. She chose to remove all property from trust requesting I let her put it in my name. She discussed this w/ others. It put me in a bad position as it stopped her son & church from being involved in future home & property sale. She felt her son had walked out of her life.The church is no problem. I am told the son could contest & possibly for 3 yrs. Is this true, and if so, what can I do? Can I sell it w/o a problem later or transfer to someone else? My son & I were sole caregivers for both my parents. The emotion, verbal & mental abuse I am sure were the deciding factor in her decision. He & wife refused to let my mom know where they lived or even a home phone #.It is not a desire to be greedy, It is what she wanted & I don't feel it proper to defy it. She had no will. She had sent her trust outfit a letter stating her propery & all personal possesions were now mine. She was very clear in her letter for which she had a copy made for me. She did all the changes herself. She fully knew & understood what she was changing and doing. She refused to tell her son for fear of retaliation from his wife. Do I have an issue or not? I want to be legal & free of threat possibilities. What do I need to do?
1 Answer from Attorneys
Re: Can a signed deed be contested?
You should immediately discuss these issues with an attorney - there are a variety of possiblities that could be brought up by your brother & his wife to challenge your mother's deed of the house to you. Most commonly, they would claim that you had undue influence over your mother, causing her to deed the property to you.
The trust compnay property could also be at issue, depending on whether it was properly transferred.
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