Can I Challenge the Deed to My Family Home?

Question from Daughterprobate, Can I Challenge the Deed to My Family Home?

Answer from AI:

When dealing with property deeds and potential disputes over ownership, understanding your legal options is crucial. In your situation, where you contributed financially to a home and later discovered changes to the deed under questionable circumstances, several steps and considerations come into play.

Understanding Your Situation

From your description, it appears that your mother added her boyfriend to the deed as a joint tenant with rights of survivorship in 2016. This type of deed means that upon the death of one owner, the property automatically passes to the surviving owner, bypassing the will or estate process. Given your mother’s health condition at the time, and your lack of knowledge about this change, you might have grounds to challenge the deed.

Options for Challenging the Deed

• Undue Influence or Duress: If you believe your mother was not in a state to make informed decisions due to her health issues, you could argue that the deed change was a result of undue influence or duress. This would require evidence that her boyfriend coerced or manipulated her into adding him to the deed.
• Lack of Capacity: Given her medical condition, another angle is to challenge her capacity to make such a decision at the time. If she was suffering from conditions that impaired her cognitive functions, she might not have been capable of understanding the implications of her actions.
• Legal Errors: Review the deed for any procedural errors or legal inconsistencies that could invalidate the change.

Steps to Take

1. Obtain Legal Documents: Gather all relevant documents, including the deed changes, medical records, and any communications regarding the deed change.
2. Seek Legal Advice: While you mentioned a lack of funds for legal representation, many lawyers offer free initial consultations, or you might qualify for legal aid. Organizations such as the American Bar Association provide resources for those in need of legal assistance but cannot afford it.
3. Consider Mediation: Before moving to court, you might want to consider mediation with the other parties involved to see if there is a possibility of an amicable resolution.
4. File a Legal Challenge: If mediation fails, and you have gathered sufficient evidence, you can file a challenge in court against the validity of the deed change.

Financial Considerations

Since hiring an attorney can be expensive, explore alternative options such as:

• Legal aid societies
• Pro bono services from law firms
• Legal clinics at local law schools

Conclusion

Challenging a deed is a complex process that involves navigating intricate legal landscapes. Given the potential for undue influence and your significant personal and financial stakes, it is advisable to at least consult with a legal professional to explore your options thoroughly. Remember, each situation is unique, and the advice of a qualified attorney can be invaluable in such cases.