Q: My mom may be a vulnerable adult. In May of 2013 she had mild stroke. I found out that around that time my sister and brother bought her farm in Washington County by deed from her for 1000 dollars per month. The value of the land was once appraised at $237,000.00 dollars and is now paying $7,500.00 per month in gas rights, which I didn’t know until now. Does this sound right?
A: There is not enough information here to give you any reliable answer. I assume you are alleging that your mother was not competent enough at the time she deeded the farm to your siblings at such a low price. If so, if you can prove that your mother was incompetent when she sold, you may have a remedy in that you can go to court on a petition to rescind or nullify the deed. You would need a lawyer for this procedure. In order to prove your mother was incompetent at the time she signed the deed, you would need medical proof to back your claim up. This could be accomplished by an opinion of her doctor. I would pay a lawyer a retainer to look at this situation.
Q: The owner sold me part of his land and now he said he can’t split.
A: No one can answer that question on the limited information you have given. I would need to know much, much more. A real estate attorney should review the sales agreement, the deed, the map and so forth. It may be that the seller had good intentions but now he realized he needs to subdivide his lot to sell you a portion. The subdivision of property requires much work and usually involves getting zoning approval from the municipality. It concerns me that you think you were sold a piece of land but do not mention that your name is on the deed. It sounds like neither of you has an attorney and you need the advice.
Q: My mom passed and left her house to me in her will. My niece and nephew are listed on the deed along with me. Her will only names me as sole heir. Do they own any of the house?
A: If the deed is joint tenants with right of survivorship, the property upon death passes to the surviving tenants. So in this case, your mom’s share passes to your niece and nephew. If the deed is tenants in common, the deceased tenant’s share goes into their estate. In this case, one third of the house would pass through your mom’s will to you as a sole heir in the will. Don’t do anything until you have a local attorney review the will and deed for you.