Can I contest a home transfer made under dementia?
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I’m on a will to inherit my childhood home. My dad got dementia shortly after signing the will. My sister was power of attorney. She took my dad to Kaiser because she saw unusual activity on his bank statements. He failed the test, and the doctor told him he couldn’t sign for anything.
But somehow, my sister was taken off, and my dad gave the house to my brother — who he hadn’t spoken to in 15 years. None of us saw my brother for 15 years, but he showed up when my dad had dementia and forced him to sell the house. I think my brother profited from the sale.
My question is: how can I reclaim ownership or get compensated for the sale of the home?
I’m sorry to hear about the difficult situation with your childhood home. Can you clarify if there was a specific clause in the will regarding the inheritance of the home?
There was no clause. It just stated the house would go to me after he died.
Were there any legal documents or agreements signed during the process of selling the house that you are aware of?
I don’t know.
Is there anything else the estate lawyer should know before I connect you? Rest assured they’ll be able to help with your inheritance issue.
No.
Welcome, and thank you for using AskaLawyer. My name is Gurney, and I’m the attorney who will be assisting with your question. I’m happy to draw on my years of experience as an attorney and former prosecutor to offer you some guidance.
Please note, if you click the “second opinion” button, our chat will close and I won’t be able to reply anymore.
Were there any witnesses present when your father allegedly signed over the house to your brother?
To be sure you’re not waiting for an answer: yes, you may be able to reclaim ownership or receive compensation for the sale of the home — depending on which state you live in and the exact sequence of events.
If your father had already been declared mentally incompetent or diagnosed with dementia before the property transfer, then any deed or sale executed after that diagnosis may be legally voidable due to lack of capacity or undue influence.
The key steps generally include:
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Obtaining your father’s medical records — specifically showing the doctor’s finding that he was no longer competent to sign documents.
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Getting a copy of the deed and sale paperwork to determine when and how the property was transferred.
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Filing a civil action in probate or superior court (depending on your state) for undue influence, elder abuse, or invalid transfer due to incapacity.
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Asking the court for restitution or damages if the home has already been sold and cannot be recovered.
These cases often hinge on timing and medical evidence, so the earlier you can confirm the date of the competency finding versus the date of the property transfer, the stronger your position will be.
I’m ready to discuss this in more depth and answer specific questions once you confirm which state this took place in.
Until then, thank you for using AskaLawyer.
