Legal Question in Real Estate Law in Virginia

Incarcerated Sister Tricked Into Selling Home

Ten years ago my sister became strung out on drugs which led to a crime spree that ultimately landed her in prison. She has been incarcerated in a woman's prison for the past 7 years. I had not seen her since she was incarcerated and I went to visit her recently and she told me some disturbing news. Our parents willed to her and our brother their home. They now are all deceased which left her as the sole owner. When I asked her about the house she told me that a neighbor had her sign papers shortly after she was imprisoned that she thought was giving the neighbor legal authority to make decisions/authorizations for her home/property while she was incarcerated. In reality what she signed were papers giving ownership of the home to the neighbor. Because she was incarcerated when she signed these papers she did not have an attorney review them before she signed. Why would she give a house that was willed to her debt free away if she understood what she was doing? Is there anything that she or I can do now to get my parents home back or is this just a tragic mistake that can not be fixed?


Asked on 11/10/08, 11:23 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Incarcerated Sister Tricked Into Selling Home

You should arrange for a consultation with an attorney who understands how the issues of fraud in the inducement and the possible creation of a constructive trust therefrom in favor of your sister might possibly apply to the situation which you've described.

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Answered on 11/11/08, 12:27 am


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