Tag: undue influence
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Can a Life Estate Be Challenged?
Regular Deeds.com readers know that signing a gift deed to an adult child can have tax drawbacks. A life estate can be the answer. And it avoids any concerns that the deed will go into probate after death—perhaps to be challenged by others. But sometimes, a relative might come along and challenge the life estate!…
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Power of Attorney or Guardianship for Older Adults: Confront and Avert Misuse
When it’s apparent that a power of attorney is being improperly used, is there any recourse? Here, we explore this important question.
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What’s “Undue Influence” in the Transfer of a Deed? Massachusetts Appeals Court Speaks
A homeowner transfers a deed. But someone else in the deed transferor’s circle isn’t too happy about who got it. Was the deed transfer fair? Yes, it was, if that’s how the owner wanted to pass property along. Of course, that assumes that the person signing the deed away knows the property’s value, and the…
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Senior Deed Transfers: Is Capacity In Question?
When an older adult transfers property, sometimes questions come up about whether the deed holder had legal capacity to transfer it. Did the person grasp the meaning of the transfer? Was the transfer voluntary? A court could undo a problematic deed transfer in a quiet title action. But deeds are presumed valid. If they’re properly…
