Legal Question in Wills and Trusts in Texas
my mother was gifted 50% ownership in property by my great aunt, that was gifted to my great aunt over 10 years ago. My mother's remaining siblings, including my mother will inherit the remaining property in my great aunts will. She was in a nursing home at the time of her death, 93 years of age, and had minor dementia, forgetfulness and confused on an occasion, but was still reading the newspaper, magazines, opening her bank accounts and reviewing them etc. Can the remaining family members fight my mother to return the property to the estate.
1 Answer from Attorneys
They can always fight it if they choose to. Your mother should hire an attorney to represent her interests in this estate just in case the other siblings become upset about the gift. It sounds like your aunt might have had the mental capacity to gift the property but that determination would be made by a court if a lawsuit was brought by the siblings.
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