Posted on: 04th Feb, 2009 10:09 am
My sister-in-law deeded her home in Missouri over to her daughter with a life-estate to herself and to her disabled son per the suggestion of her attorney. The mother is the guardian and conservator of the disabled adult son. When the daughter found out about it, she hit the ceiling and talked her mother into going back to the attorney and putting the deed back into the mother's name with her (the daugher) as beneficiary. Even though the attorney advised against it, they went to court and the attorney told the judge that the mother did not understand what she was doing when she put her son's name on the deed with the life estate. The deed was put back into the mother's name with the daughter as beneficiary. The son was not told and no one represented the son's interest in the reversal of the deed. The mother signed the deed back to herself (with the consent of the court) as the guardian and conservator. Was this legal? Was it an abuse of the guardian and conservator duties? Can it ve overturned?
Hi
I understand where you are coming from. But, I am afraid that it might not be revoked. Because the mother changed the deed with the court's consent after following a correct and legal procedure. The point you have mentioned is that since the disabled adult boy was not represented by anybody, the reversal is not legal. But, I think, since the mother was legally appointed as the guardian & conservator for the disabled boy, she has the right to take a decision for the boy and whatever decision she takes, whether or not it is beneficiary for the boy, will be legal and valid. This is why, I think, the attorney advised against it.
However, I, personally, on humanitarian ground, feel that the disabled boy has been cheated. Thus I would recommend a consultation with an attorney who can guide you on this issue and help the boy get back what he deserves.
Please do not hesitate to ask further queries.
I understand where you are coming from. But, I am afraid that it might not be revoked. Because the mother changed the deed with the court's consent after following a correct and legal procedure. The point you have mentioned is that since the disabled adult boy was not represented by anybody, the reversal is not legal. But, I think, since the mother was legally appointed as the guardian & conservator for the disabled boy, she has the right to take a decision for the boy and whatever decision she takes, whether or not it is beneficiary for the boy, will be legal and valid. This is why, I think, the attorney advised against it.
However, I, personally, on humanitarian ground, feel that the disabled boy has been cheated. Thus I would recommend a consultation with an attorney who can guide you on this issue and help the boy get back what he deserves.
Please do not hesitate to ask further queries.