Legal Question in Real Estate Law in Texas
my mother owns her home & wants to sign it over to myself & my husband. the issue is that i have two older siblings. she just went to her doctor to receive a competency letter. if she does this can my siblings contest this at the time of her death?
Asked on 3/28/10, 8:44 pm
2 Answers from Attorneys
Mark Dunn
Mark D. Dunn
The first question would be: Do YOU believe that your mother knows what she's doing?
If your answer is "yes," go ahead and help her do what she wants to do, which is sign over the house to you. Yes, your siblings could contest the transfer, but the chances of a successful challenge are almost zero.
Answered on 4/03/10, 6:45 am
Cheryl Rivera Smith
The Smith Law Firm
Before you do anything you should talk to a CPA to assess tax exposure and the possible loss of governmental benefits (if your mother has any) if you make the transfer.
Answered on 4/03/10, 7:23 am