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[AR] Can my mother transfer property that was left to me as a child into her name without my consent?

Liz
Liz

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It's always hard to tell without looking at records, but something is definitely wrong. For one, dead people can't sign documents, and they can’t transfer property they don't own. Minors also can't transfer property (AR Code § 28-65-302), so unless she had conservatorship over your financials, that transfer should not have occurred. If she did have the conservatorship, then she also had a fiduciary duty to protect your interests. (AR Code § 28-65-301)

A fiduciary duty means that someone, like your mom if she had conservatorship, is legally obligated to act in your best interest. This includes managing your property or money responsibly and not using it for their own benefit.  Your interests would be things like ensuring the properties are maintained, taxes are paid, and ultimately, that the properties are preserved for you and your brother as intended. If she used the properties for her own gain, like transferring them to herself without proper authority, that could be seen as a breach of that duty. (AR Code § 28-65-314)

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Hello I’m 26 y/o, male, located in Arkansas. My father left houses for me and my brother when he died when we were about 4 years old. My mother and father were divorced, so the properties went from his estate to our names but because we were too young, she had to take care of the property taxes.

Now that we are adults, she doesn’t want to deed the properties to us and somehow they were transferred from our name to hers before we reached adulthood (18 y/o). The name listed on the properties he left have her maiden name and his last name, even though every other property she owns just has her maiden name.

I don’t remember signing over the houses to her nor do I remember anything about the houses other than her saying her and my dad wanted to save the houses so me and my brother could have a head-start in life. Now, she wants to charge us rent to stay there and there’s no longer any intention of transferring ownership.

What options do I have because it seems she no longer cares to do what’s right and wants to profit from this situation now?

Lexi

Lexi, Chatbot

I'm sorry to hear about the difficulties you're facing with your mother's handling of the properties. Have you and your brother discussed this situation with her directly to understand her perspective?

I don't know.

Lexi

Lexi, Chatbot

Do you have any documentation or records related to the properties, such as wills, deeds, or tax records that could clarify the ownership status?

I didn’t mean to say I don’t know, we have discussed this and we both agree we should have the right to own the properties. I do have records showing the properties transferring from his estate to me and my brother's name, then they transferred from our name to a lawyer my mother had, now the properties are in her married name even though she wasn’t married to him at the time of her death and all the recent properties she’s purchased has her maiden name that’s listed in her drivers license.

Also, I have evidence from her social media accounts proving my stance that these houses were for me and my brother to have once we reach adulthood (18 y/o) even though we’ve never been given the opportunity to stay there. We’ve stayed in apartments.

Lexi

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your property ownership issue.

Yes.

Liz

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, do you know if your father had a will?

No, he did not have a will as far as I know.

Liz

Liz

Was a probate done?

I just know the properties ownership transferred from his estate to me and my brother's name. I assume there was a probate but we were 3-4 years old.

Liz

Liz

Then did your mom get a conservatorship to manage it? Legally, she should not have been able to transfer it from your names.

To be honest, I don't know, it was transferred to her name when we were 13-14 y/o. He died in 2004, but the properties aren't transferred from his estate to our names until 2009 according to my county assessor’s site.

It was then transferred to an attorney in 2013 and to her in 2015 with her legal married name and not her actual maiden name even though they were divorced before he passed. This is all according to the county assessor’s site.

Liz

Liz

Got it, thanks for sharing that timeline. It sounds like she may have committed fraud somewhere in the process to be honest.

I never attended any court proceedings or went in front of a judge regarding anything about these properties.

Liz

Liz

Do you recall signing any documents related to the properties at any point, or do you have any records of such documents?

I remember my younger brother fighting a charge in juvenile court when he was in 8th grade and that's the exact year that house was deeded to the attorney. I believe my mother used the house as some type of collateral for attorney fees of some sort but it was in 2013 right after my 14th birthday. I may have signed some documents but I don't remember since it was that long ago. That's why I'm confused as to how it got signed to her name, and if me and my brother unknowingly signed it over, why is it signed to her legal name instead of her maiden name since she's divorced?

Liz

Liz

You legally as a minor couldn't actually sign things that would hold up in court. To begin, you may want to get the records from probate court. You also would want to check the county recorder, to get all of the deed records, to see what was done with the change. If there was fraud, you could then file suit to quiet title to the homes.

From his grandmother to his name 3 years before he passed, then somehow it shows that after he passed his grandmother signed over the house to my mother even though his grandmother wasn't the owner at the time of his death.

And, is there a statute of limitations in my state Arkansas for something like this?

Liz

Liz

In Arkansas, the statute of limitations for fraud is generally three years from the time the fraud was discovered or should have been discovered. However, since you were minors at the time, the statute of limitations could not begin until you reached adulthood. Then, if it was concealed, that can extend the statute.

Would you say I have a strong case?

Liz

Liz

It's always hard to tell without looking at records, but something is definitely wrong. For one, dead people can't sign documents, and they can’t transfer property they don't own. Minors also can't transfer property (AR Code § 28-65-302), so unless she had conservatorship over your financials, that transfer should not have occurred. If she did have the conservatorship, then she also had a fiduciary duty to protect your interests. (AR Code § 28-65-301)

A fiduciary duty means that someone, like your mom if she had conservatorship, is legally obligated to act in your best interest. This includes managing your property or money responsibly and not using it for their own benefit.  Your interests would be things like ensuring the properties are maintained, taxes are paid, and ultimately, that the properties are preserved for you and your brother as intended. If she used the properties for her own gain, like transferring them to herself without proper authority, that could be seen as a breach of that duty. (AR Code § 28-65-314)

Is this an open line of communication, meaning if I do some research Monday, I can reach back out for some more definitive answers?

Liz

Liz

I do believe you can reach back out in this chat box.

And would a conservatorship be something I can research on my state’s case records? We have a website where you can find divorce records, traffic records like tickets, civil cases, and criminal records that's free to the public. Would conservatorship be something you'd see on a site like that typically? I know there's a chance that may or may not be something accessible from this site.

Liz

Liz

It should show up in probate court records.

Yes, Sir! Thanks for that. I will get back with you or whoever is available once I get more information.

Liz

Liz

You're very welcome. Have a great day!

Ok. So my mother is listed as fiduciary regarding my father's estate in 2007. She borrowed $5000 from an attorney in 2009, and used the house as collateral. She signed a mortgage and didn't pay him back. He sued and because she never responded to that suit, the house was sold at auction through the state commissioner in order for the lawyer to recover the $5000 debt and associated fees. This was 2012.

He then somehow becomes the new owner of the property in 2013 according to the assessor’s record site. Two years later (2015), the property is deeded back to my mother and she's been the owner since.

Liz

Liz

It sounds like there were some serious issues with how your mother's fiduciary duties were handled. If she used the property as collateral without proper authority or failed to respond to legal actions, it could be a breach of her fiduciary duty.

Since the property was sold at auction and then returned to her, it might be worth investigating how that transaction occurred. There is something called redemption, but that sounds suspicious.

Ok. So when the property was transferred to our names in 2009, it was listed as historical. In 2013, with our names still listed, it shows redemption. That same year, 3 months after, when it transferred to the attorney, it was listed as quitclaim. In 2015, when he transferred it back, it was also listed as quitclaim for her as well.

Liz

Liz

Which makes no sense why it would be sold, redeemed, transferred, then back to her. She should not have been able to use it as collateral.

Liz

Liz

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Liz
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