Mom had a stroke March 2018. While she had aphasia, cognitive less than 50%, words were mixed up sister transferred deed. Where do we turn?

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Katchad Asked January 2020

Mom had a stroke March 2018. While she had aphasia, cognitive less than 50%, words were mixed up sister transferred deed. Where do we turn?

Also has congestive heart failure. My sister, behind our backs (5 of us total) executed a deed transfer making her sole beneficiary of moms house!! She took a lawyer to Mom's rehab and had her sign it May 14 2018 , her stroke was March 29th 2018. This can't be legal! Where do we turn? Do we contest now, do we contact police, what kind of lawyer do we need. The rest of us are in shock! Side note, my mom would NEVER leave her the house!!! She has lived with mom rent free for many years and thinks it's her entitlement to have house. Rarely even helped my mom with upkeep. Please help.

Communication & Language Elder Abuse Siblings Stroke

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score 1 · Answer 1

Transferring the house was not in your mother's best interest if for no other reason than it would impact her ability to qualify for Medicaid, so you sister is unlikely to prevail in any contested guardianship. A guardianship judge in my state can also set aside any documents signed after the person was considered incompetent by 1+ doctors due to medical illness/injury. Please consult an elder law attorney ASAP.

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score 1 · Answer 2

Katchad, if no one has PoA for her, then there might be a legal battle for guardianship. I have read in other posts that if the courts become concerned for the person at the center of that battle, it might temporarily (or permanently) take guardianship. Discuss with lawyer.

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score 2 · Answer 3

You will need to start by hiring an elder law attorney who is experienced in this type of case. At the bottom of this website there is a column that says "Elder Care Resources" under that click on "Elder Care Attorneys" and you can find one based on your zip code.

If you have medical proof that your mother was deemed incapacitated before the transfer, then I'd take it to the attorney tomorrow. Don't be put off by their hourly rate...it will be money well spent. If anyone has durable PoA for your mom they should make sure all her finances are locked down so "that" sister can't get at any of it. Good luck!

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Thank you! No POA. We have reports from the two rehabs she was in with documentation. Both facilities knew she was up to something. She kept telling them she was POA but never produced paperwork so she took mom out of both places cause they were on to her

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Mom had a stroke March 2018. While she had aphasia, cognitive less than 50%, words were mixed up sister transferred deed. Where do we turn?

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