If my grandfather signed a life estate over to my brother but it was created under false statements, can I do anything about it?
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If my grandfather signed a life estate over to my brother but it was created under false statements, can I do anything about it?
The life estate was signed over by my grandfather to my brother about 2 years ago. It states that he had lived and taken care of him, basically to keep him from entering a nursing facility. My grandmother did not pass until just a few months before the property ws signed over;my brother has never taken care of him nor has he ever lived with him. Can anything be done other than getting my brother to quitclaim it back to my grandfather? If is is created under false facts, how can it be held?
Asked on July 31, 2012 under Real Estate Law, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your brother in some way "unduly influenced" or "coerced" your Grandfather in to signing over the property or your grandfather was not of sound mind (maybe at the time he was stressed because of the death of his wife?) or your brother perpetrated a fraud or misrepresented facts to your grandfather to get him to sign then seek legal help with setting the document aside. Good luck.
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