What to do if arelative claims a misrepresentation or the like regarding deeding their house over to you?

UPDATED: Aug 3, 2011

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What to do if arelative claims a misrepresentation or the like regarding deeding their house over to you?

A year ago my wife was a few months pregnant and she and I lived with my grandmother in her house. One day my grandmother offered to give me her house as a present to insure that our child always was taken care of. We contacted a real estate lawyer and had the deed signed into our name later that week. Shortly thereafter, maybe 5 months, her 50 year old son got out of rehab and needed a place to stay. She wanted him to move in and I did not, so I decided to move out. Now, I have received a letter from a lawyer saying that I deceived her and that she wants her house back. How can this be? Does she have any legal right to reclaim the deed?

Asked on August 3, 2011 Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you received a letter from a lawyer claiming that you defrauded your grandmother into signing title to her home into your name, you need to contact the real estate lawyer who assisted in getting title transferred from her name to yours about what you just received.

This lawyer should be hired by you to respond to the letter just received. You do not want to respond on your own. To do so could cause more harm than good.

Fortunately the prior title transfer was done under advice of counsel for you.

Potentially you grandmother may have a claim to get title back into her name claiming duress, fraud, undue influence or lack of capacity. Speak with your prior lawyer about what has happened. He or she will be in a better position to safeguard your interests.

Good luck.

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