My father wants to give me all of his properties especially his house. What do I need to do so it is legally binding, and incontestable?

UPDATED: Oct 1, 2022

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My father wants to give me all of his properties especially his house. What do I need to do so it is legally binding, and incontestable?

My father is currently dying of heart failure.He is 100 sound in mind and body.
He wants to sign all of his properties to me now especially his house. I have a
younger sister who is very very troublesome. We have had no contact with her at
all for years. We do not know where she is at all. I do not want to deal with
courts and judges at any time. What do I need to do so all the paperwork is
legal and binding. Do I have to give her 1.00 as I have heard so she cannot
contest the paperwork later?
Thank you,
J. Canaan

Asked on September 9, 2017 under Estate Planning, Washington


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

So you need to seek legal help from an attorney in your area NOW.  If you di not want to go through Probate Process with your Father's estate then I suggest you seek Estate Planning maybe to set up a Trust and transfer the property in to the Trust.  What ever the attorey recommends looking at the entire estate plan.  Here is my concern: if Dad transfers everything to you while he is sick - even if "of sound mind" because you don't want THAT battle either later on - your sister may claim "undue influence" and challenge the transfers asking to have them set aside.  Get help.  Good luck.

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