Signing over estate while ill?
Before my father had major surgery, his cousin talked him into signing over his estate to her so that he would not be in jeopardy of losing it. He is fully recovered now and has asked for the property to be returned to his name. She is now refusing. I live out of state and he is in PA, I know their are laws about this sort of thing, but I am not sure what exactly to do?
Answers:
First of all, it would of have had to been all legally documented and notarized etc. for her to be legal, to have it in the first place!
Second he would have had a copy of all the papers and agreements of the tranfering that took place, if not she did it all illegal and could face many years in prison! You or your father must get a hold of a lawyer Immediatly! I don't know what the property is, if it's a house, she could be in deeper troubles if she did it all illegally!
I know in Mn. they passed a new law that if someone was to transfer a house to someone else because of health problems and wanted to protect the house from being taken away for high hospital bills, the person the house was signed over to would have to have it in there name for 5 years or more so that it couldn't be taken away for high bills! and the reason the law was changed to 5 years from 3 years was because a lot of people were doing just that, so not to lose there houses to big medical bills and stays at hospitals!
But courts systems really look down at such attempts too!
but courts also look down on pure crooks too! It seems your cousin is tryig to scam your father, and she needs to be taught a serious lesson and fast! If the property is worthy of lawyer fees, get one now!
If your father was coercered, not of sound mind, or under durress when he signed the paperwork, then there's a chance he could get his property back. He should consult an attorney.
Get a lawyer immediately to get this reversed if at all possible. If he was going to have surgery and not in his right mind (under alot of stress), it shouldn't be hard to reverse. I would think if your father was going to leave it to anyone, he would leave it to his own kids, not some cousin so it's obvious she is up to no good.
Good luck to you
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