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nephret · Joined: 15 Mar 2011 Posts: 1 1.37 Dollars($)

My mother executed a property transfer in 1996 to her 4 chiilden i 1996 in New York State. I was was unawaure of this transfer until 2004. She was allowed her life use of the property. She is 93 and now resides in an assisted living Facility.
1.How can she stop the sale of the property by my siblings?
2.Could the transfer have been legal if I didn't know of it or obvously sign any documents regarding it?
3.Is it too late for me to object to the sale of the property?
I am my mother's POA and I want the proceeds from the sale to be reatined in a trust for my mother's needs. Can I force my siblings to put their share into such a trust?

dipaligopale · Joined: 25 May 2010 Posts: 790 22.70 Dollars($)

Hi nephret,

Welcome to Mortgage fit,

According to me, as your mother has been awarded with life use of the property she does have the right on the property and thus she can revoke the transfer of the property.

But surely she is no position to go ahead with all the preparation of documents related to this reversal as she is 93 yrs old.So you can help her to prepare all the docs.So you can prevent the sale of the distributed property.But you need to make it as early as possible to avoid further complexities..

As far as your second question is concerned,if you have signed the documents,you are liable to follow all the clauses mentioned in those docs.You can not claim that you have mistakanely signed those docs without your attention.If you have signed it,you must follow it.

Feel free to ask any further query if you have...

DIPA

jameshogg · Posted: Tue Mar 15, 2011 7:14 pm Post subject:

Hi nephret!

Welcome to forums!

If your mother has life estate clause in her name, then your siblings won't be able to sell off the property without her permission. She can take legal help in order to stop the sale of the property. It is not necessary for you to sign documents when a property is transferred to you. The transfer will be considered as legal. If your name is mentioned on the property deed, then you will be able to stop the sale of the property by objecting to it. It is your attorney who will be able to let you know whether or not you can force your siblings to place the money from the sale proceeds in the trust.

Thanks

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