How can we help our elderly mother get her land, assests back that she turned over to her oldest son without realizing it?
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How can we help our elderly mother get her land, assests back that she turned over to her oldest son without realizing it?
The eldest son had his mom sign over all the land and assests. She currently pays the taxes on the land. No change in title/abstract has been done yet. She doesn’t remember giving him everything. She wants it to be split equally among 5 children. What can we do to help mother achieve this. Supposedly a will/trust exists that upon her death everything she owns goes to him. Her spouse died 7 years ago. Dad’s trust gave half interest of the homestead (180 acres and home) goes to this son upon mom’s death. No rent or payments have been made since (7 years ag).
Asked on June 18, 2012 under Estate Planning, Minnesota
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what I can gather in all of this the document that she executed was a Will only, correct? Then she needs to go and see an attorney about doing a new Will which will state that it "revokes" the old Will. That is all that is needed as long as she did not execute anything else, like a deed. If she did then she should consider taking action for undue influence. You are going to have to help here. Good luck.
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