Can I undo the sale of my mother’s home if she was mentally unstable when she signed it away?
11
2
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?
Upvote if this is a clear answer
Downvote if this is not a clear answer
Create DocumentFull Conversation
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?
Was your mother deemed competent to make that decision when she signed over her rights?
She was highly unstable.
Have you or any family members taken any legal action about the sale or her rights?
No.
Anything else the lawyer should know before I connect you?
Yes.
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?
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.
