[MN] My mother defrauded me and took my inheritance. How do I proceed?
In this version of his Will, the house was left solely to me to inherit. After reviewing the Will, I informed my mother that the house was left to me. I showed her my father’s laptop so that she could view this section of the Will, which declared my father is “not married” and that the house would go to me.
She immediately requested that we go visit my father in his bedroom. When we did, we asked if his intention was to leave the house to me. He replied along the lines of, “I can’t deal with this right now.” My mother and I then exited the room.
I memorialized the conversation between my mother and myself in a text message to my then-girlfriend. In these messages, I describe what I saw in the Will, my mother’s reaction to the Will, my father’s statement, and the conversation between my mother and myself after speaking to my father.
We had never asked my father again to explain his Will. The Will was notarized a couple of days later in the presence of two neighbors, myself, my mother, father, and the notary.
I moved to Seattle with my partner in May 2022. I requested a copy of the Will from my mother in September 2022, shortly after a stay in a psychiatric hospital in Seattle. When I received the Will, I noticed that it had been changed, and the provision of the house was completely deleted.
I sent emails to my mother and asked her why she had changed the Will, and if the original laptop was still in existence. She denied changing the Will and claimed that my father dictated his wishes that he wanted in the Will in front of the neighbors. She suggested that due to my mental health, I did not remember the provisions in the Will that I reviewed.
When I replied to the email that she was lying, and I had text messages that would confirm this, she didn’t reply.
I acquired a copy of the deed to the house through Minnesota attorney. On this deed of the house, it says that my mother and father owned the house as a married couple — although they were never married.
My father succumbed to his condition and passed away on December 19, 2022.
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Based on what you shared, it sounds like you’ve got a possible combination of probate fraud, undue influence, and maybe even a disclosure issue with the home sale.
Since you’re asking about ways to possibly recover some money now that the home was bought and you discovered serious issues afterward, here are four things you can do next that might help you move forward:
1. Look into fraud and misrepresentation.
If your mom sold you the house knowing there was an undisclosed electrical fire or hidden damage, that’s potentially actionable as seller fraud or failure to disclose under Minnesota law.
It doesn’t matter that it’s family — she still had to tell you about known issues. You might be able to sue her for the cost of repairs or even rescind the sale if you want out.
Get the original laptop copy of the Will if possible, or ask a forensic tech if it’s still retrievable. Preserve your texts with Sierra and save all emails with your mom — including any admissions, evasions, or outright denials that support your claim.
If you go to court, you’ll need to show a clear before-and-after picture of what your dad intended and how that changed.
2. Consult a probate attorney ASAP.
Even though your dad passed in 2022 and the Will was changed before that, you might still have a fraud-based cause of action depending on the facts and timing.
If your mother intentionally removed you from the Will and she was not legally married to your dad (despite what the deed says), and if your dad lacked capacity, that raises red flags.
A lawyer could help you explore whether you can challenge the Will’s validity even now or bring a constructive trust claim.
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Hello — My mother changed my father’s Will. In October 2020, my mother requested that I review my father’s Will that was left on his laptop so that it may be notarized. At this time, my father was bedridden with Lewy body dementia and Parkinson’s disease.
In this version of his Will, the house was left solely to me to inherit. After reviewing the Will, I informed my mother that the house was left to me. I showed her my father’s laptop so that she could view this section of the Will, which declared my father is “not married” and that the house would go to me.
She immediately requested that we go visit my father in his bedroom. When we did, we asked if his intention was to leave the house to me. He replied along the lines of, “I can’t deal with this right now.” My mother and I then exited the room.
I memorialized the conversation between my mother and myself in a text message to my then-girlfriend. In these messages, I describe what I saw in the Will, my mother’s reaction to the Will, my father’s statement, and the conversation between my mother and myself after speaking to my father.
We had never asked my father again to explain his Will. The Will was notarized a couple of days later in the presence of two neighbors, myself, my mother, father, and the notary.
I moved to Seattle with my partner in May 2022. I requested a copy of the Will from my mother in September 2022, shortly after a stay in a psychiatric hospital in Seattle. When I received the Will, I noticed that it had been changed, and the provision of the house was completely deleted.
I sent emails to my mother and asked her why she had changed the Will, and if the original laptop was still in existence. She denied changing the Will and claimed that my father dictated his wishes that he wanted in the Will in front of the neighbors. She suggested that due to my mental health, I did not remember the provisions in the Will that I reviewed.
When I replied to the email that she was lying, and I had text messages that would confirm this, she didn’t reply.
I acquired a copy of the deed to the house through Minnesota attorney. On this deed of the house, it says that my mother and father owned the house as a married couple — although they were never married.
My father succumbed to his condition and passed away on December 19, 2022.
I’m sorry to hear about the situation with your father’s Will. Can you please clarify if you are seeking advice on contesting the changes made to the Will?
I wasn’t able to fit everything in.
Have you consulted with any legal professionals regarding this matter yet?
The Minnesota attorney said that he does not do probate litigation. My mother announced she wanted to sell the house in 2024. As a result, my fiancée and I bought the house together.
Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with probate litigation.
Yes.
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation!
What specific provisions or statements were included in the original Will that you believe were altered or removed?
The first provision that left the house to me.
Ok, thanks! Just a few more questions. Have you had any further communication with your mother regarding the Will or the house since your last email exchange?
The first provision that left the house to me.
Understood! Now that I have this info, what is your legal question for me? Also, I really appreciate you using JustAnswer — it means a lot to be able to help. Let’s make this a smooth session for you, and you can add me as a favorite after we’re done.
The question is, at this point, now that we have purchased the house in June 2024, is there a cause of action to pursue where I might be able to recover some money? The house did not get an inspection before purchase. We found that there was an electrical fire behind a wall, among other things.
I was thinking the way she defrauded me and took my inheritance, I might still be able to recover.
Ok, I’ve got what you’re getting at here! Were there any other facts you’d like to add before I answer your question?
This house was completely paid off and could have been kept for about ~$900/month. Now as the owner with a new mortgage, the mortgage is ~$2,000/month, a HELOC that was taken out for ~$1,000/month, and just general upkeep is still about ~$900.
Based on what you shared, it sounds like you’ve got a possible combination of probate fraud, undue influence, and maybe even a disclosure issue with the home sale.
Since you’re asking about ways to possibly recover some money now that the home was bought and you discovered serious issues afterward, here are four things you can do next that might help you move forward:
1. Look into fraud and misrepresentation.
If your mom sold you the house knowing there was an undisclosed electrical fire or hidden damage, that’s potentially actionable as seller fraud or failure to disclose under Minnesota law.
It doesn’t matter that it’s family — she still had to tell you about known issues. You might be able to sue her for the cost of repairs or even rescind the sale if you want out.
Get the original laptop copy of the Will if possible, or ask a forensic tech if it’s still retrievable. Preserve your texts with Sierra and save all emails with your mom — including any admissions, evasions, or outright denials that support your claim.
If you go to court, you’ll need to show a clear before-and-after picture of what your dad intended and how that changed.
2. Consult a probate attorney ASAP.
Even though your dad passed in 2022 and the Will was changed before that, you might still have a fraud-based cause of action depending on the facts and timing.
If your mother intentionally removed you from the Will and she was not legally married to your dad (despite what the deed says), and if your dad lacked capacity, that raises red flags.
A lawyer could help you explore whether you can challenge the Will’s validity even now or bring a constructive trust claim.
Yep, makes sense.
