Can I undo the sale of my mother’s home if she was mentally unstable when she signed it away?
After being diagnosed with severe schizophrenia my mother was sent to a group home where the woman had my mother sign her rights over then sold my mother’s home of 40 years. Can anything be done?
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Yes, you can request her medical and hospital records (45 C.F.R. §164.508). Those can help show mental incapacity at the time she signed. If she lacked legal capacity, the transfer and sale can be challenged in court. You may need to file in probate or civil court to seek to void the transaction and recover the property or its value. Do you have any other details or concerns you’d like addressed?
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After being diagnosed with severe schizophrenia my mother was sent to a group home where the woman had my mother sign her rights over then sold my mother’s home of 40 years. Can anything be done?
Lexi, Chatbot
Was your mother deemed competent to make that decision when she signed over her rights?
She was highly unstable.
Lexi, Chatbot
Have you or any family members taken any legal action about the sale or her rights?
No.
Lexi, Chatbot
Anything else the lawyer should know before I connect you?
Yes.
Legal Eagle
Do you have documentation of your mother’s diagnosis and her mental state at the time she signed the documents?
I’m sure I can get them. Can’t I get that from the hospital and doctor records?
Legal Eagle
Yes, you can request her medical and hospital records (45 C.F.R. §164.508). Those can help show mental incapacity at the time she signed. If she lacked legal capacity, the transfer and sale can be challenged in court. You may need to file in probate or civil court to seek to void the transaction and recover the property or its value. Do you have any other details or concerns you’d like addressed?
No.
Legal Eagle
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