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my mother in law gave us her house and now she wants it back. she couldnt afford to pay her taxes and upkeep on the home so she signed it over to us as a gift.Now she is claiming elder abuse and wants us to pay her if not she will hire an attorney.

2007-12-22 07:59:44 · 7 answers · asked by BubbysMummy02 1 in Politics & Government Law & Ethics

My mother in law didnot put it in writing that it was a gift because of my husbands siblings,but she told my husband since we were so good to her to take her house as a gift and they both went to courthouse and she gave it to him and went to a notary and everything

2007-12-22 08:20:21 · update #1

7 answers

she would have to change her mind before changing names on the title....
noterized, its a legal document now....
shes out of gas........one of her other kids puttin her up to it?

2007-12-22 09:40:19 · answer #1 · answered by DennistheMenace 7 · 1 0

A completed gift is just that. Completed. The donor can't change his/her mind. However, an allegation of fraud/duress or some illegal act that compelled the gift is grounds to have a court set it aside, if it can be proven.


** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

2007-12-22 16:08:50 · answer #2 · answered by Anonymous · 2 0

If she is claiming elder abuse and hires an attorney, she might be able to prove her case eventually and get the house back, depending on the circumstances surrounding her deed to you.

2007-12-22 16:03:35 · answer #3 · answered by raichasays 7 · 0 0

If she couldn't afford the taxes and upkeep, how can she afford a lawyer? Just tell her that you will counter-sue for defamation of character and request a psychological evaluation. Either she has a screw loose or has "friends" telling her how things should be.

2007-12-22 16:19:07 · answer #4 · answered by xtowgrunt 6 · 0 0

if you have title then it will be her legal burden to demonstrate to the courts that you used undue influence or force etc to make her sign the deed over to you

not an easy burden and not cheap a lawyer will not take it without a 10K retainer

2007-12-22 16:07:36 · answer #5 · answered by goz1111 7 · 1 0

if you have the paper work saying that the house was gifted when the title was changed into your names then she doesn't have a leg to stand on.

2007-12-22 16:04:51 · answer #6 · answered by george 2 6 · 0 1

She can claim it, but she'll have to prove it.

If she deeded it to you, you're on pretty safe ground.

2007-12-22 16:05:00 · answer #7 · answered by Anonymous · 0 1

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