What to do if a POA unduly influenceda metallyincapacitated person to transfer their property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if a POA unduly influenceda metallyincapacitated person to transfer their property?
My grandmother passed away without a Will and my father is deceased. Priot to thatr she was diagnosed with Alzheimer’s and dementia, an uncle had her sign about half of the property in his name. 5 years later he got POA and signed another large amount to another uncle. She passed away with only a little property left in her name. I feel like both my uncle’s did some scheming to exclude me from my dad’s share. Could they legally have had the property signed over while my grandmother had Alzheimer’s or even get POA? I had to search public records for all this information; they didn’t inform me of anything and they don’t know that I know.
Asked on September 2, 2011 under Estate Planning, Tennessee
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you wish to contest the prior transfers of real property by your grandmother who passed away without a will to your uncle on the grounds that he lacked the legal capacity to make the transfers, you will have to get expert medical witnesses (typically her treating physicians at the time of the transfers) to give opinions that she did not have the requisite mental capacity to know what she was doing when she signed the deeds to your uncle and when she gave the power of attorney.
You will also have to review the power of attorney to determine if your uncle exceeded his designated powers.
The type of action to unravel the deed transfers to your uncle is a very time consuming and expensive thing to undertake let alone prove now that your grandmother has passed away.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.