Skip to main content

My name is on the will to own my childhood home, but my father got dementia and gave the home to my brother who sold it. How can I claim a share of the sale?

My name is on the will to own my childhood home. It was signed by my father who owned the home. He got dementia shortly after. My sister was power of attorney at the time and noticed some questionable charges on his account. So she took him to the hospital and a doctor told him he could not sign any papers. He took my sister off power of attorney and gave the home to my brother who sold the house. How can I fight for part of the sale of the house?

10

2

James
James

24,286 satisfied customers

View context
Solved

You really should start a new proceeding, one that is just focused on contesting the will.

Your father is legally incompetent to make a property transfer. Anything he has attempted to do can easily be reversed by the court by simply filing a declaration of his incompetence.

0

Last Will and Testament Template

Full Conversation


My name is on the will to own my childhood home. It was signed by my father who owned the home. He got dementia shortly after. My sister was power of attorney at the time and noticed some questionable charges on his account. So she took him to the hospital and a doctor told him he could not sign any papers. He took my sister off power of attorney and gave the home to my brother who sold the house. How can I fight for part of the sale of the house?

Lexi

Lexi, Chatbot

I'm sorry to hear about the situation with your childhood home. Were there any legal documents or agreements in place regarding your ownership of the home?

Yes, the will was signed by my father.

Lexi

Lexi, Chatbot

Have you consulted with a lawyer or sought any legal advice on this matter yet?

No.

Lexi

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with contesting the will.

No.

James

James

Hello! I'm James Daloisio, an expert in estate law. I'm here to help you navigate the complexities of your situation regarding your childhood home.

Ok thank you.

James

James

You really should start a new proceeding, one that is just focused on contesting the will.

Your father is legally incompetent to make a property transfer. Anything he has attempted to do can easily be reversed by the court by simply filing a declaration of his incompetence.

James

James

24,286 satisfied customers

James
Welcome! Have a similar question?

5 lawyers online now

Jessica B
Jessica B

Attorney

4.75 (29,480)

[OH] How do I file a small estate affidavit for transferring stock?

12

3

Answered 1 week ago

Disclaimer


By messaging AskaLawyer.com, you agree to ourĀ Terms and have read ourĀ Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.

Ask a Lawyer Logo
Ask a Lawyer Logo
Intake Questions
Step of 3
Loading...
Loading...

How do you like to pay?

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

It looks like you already have an account with Ask a Lawyer.

We have sent you a magic link to . Click the link in your email to sign in and continue your chat.

spin

Step of 6 •

You'll receive an email at as soon as the lawyer joins the conversation šŸ™šŸ»šŸ˜Š

Over 90% of lawyers connect within 5 minutes. If you're not online at that moment, don't worry — the lawyer will reply to your message while you're away.

You're also welcome to stay in the chat while waiting to be connected šŸ’¬āœØ

Waiting for lawyer