Property Transfer Legal Concerns

Summary

In Alabama, contesting a property transfer due to undue influence or lack of capacity generally has a two-year statute of limitations from the date of death. If the deceased was heavily medicated, they might not have had the capacity to sign, and improper signature placement could question the documents validity. The presence of only the stepdad and notary might indicate undue influence. Consulting an attorney quickly is crucial due to the approaching deadline. Consider seeking legal advice from a local attorney, especially if financial constraints are a concern, as some may offer free consultations or work on a contingency basis.

Full Conversation

Hello. I have a question dealing with a friends mother who was in the hospital with terminal cancer on her deathbed. 3 days before her death my friends stepdad accompanied by a notary came to the hospital while nobody else was present and had his mom sign her house over to him. Her signature isnt even in the proper place on the document. It’s approximately 8in above and to the right. So my question is the document legally binding since she was heavily medicated and most likely couldn’t comprehend what she was signing? * yrs since her death is in 12 days and my concern is statute of limitations.
Hey ****, this sounds like a challenging situation. In Alabama, the statute of limitations for contesting a will or property transfer due to undue influence or lack of capacity is generally two years from the date of death. Key points to consider:
- Lack of capacity: If she was heavily medicated, she might not have had the capacity to sign.
- Improper execution: The signature's placement could raise concerns about the document's validity.
- Undue influence: The presence of only the stepdad and notary might indicate undue influence.
It would be wise to consult an attorney quickly due to the approaching deadline. Do you need help finding a local attorney?
yes, someone who may be willing to help my friend as he doesn’t have the financial means to hire an attorney and since his moms death has been homeless.
It sounds like your friend is in a tough spot, and getting legal advice quickly is crucial. Would you like me to connect you with local attorneys who might provide a free initial consultation or work on a contingency basis?
yes
Case Rating: *
This seems like a potentially strong case for legal intervention due to potential undue influence and lack of capacity concerns. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you provide a bit more information about the issue?
yes . What information is needed?
Case Rating: *
Alright, ****, since this could be a high-value case, I need a few details to connect you with local lawyers:
*. Could you please provide your friend's phone number?
*-*-*. Dustin Bolden
I'm glad to help connect your friend with local lawyers. Could you please provide Dustin's email address if available? Additionally, could you let me know the city or *-digit zipcode where Dustin is located? This information will help find the best legal assistance available.
*
Thank you for all the details. We will have a top rated lawyer in your area contact you shortly. For your records below is the information I gathered
Name: Dustin Bolden
Email: *-*-9492none@none.com
Phone: *-*-*
Zipcode: *
Reason: Friends mother signed house over under questionable circumstances due to medication and undue influence. Signature improperly placed. Urgent due to *-year statute of limitations approaching.
From: FreeLawChatCom
Is there anything else I can help you with?
dustinbolden66@gmail.com
Thank you for all the details. We will have a top rated lawyer in your area contact you shortly. For your records below is the information I gathered
Name: Dustin Bolden
Email: dustinbolden66@gmail.com
Phone: *-*-*
Zipcode: *
Reason: Friends mother signed house over under questionable circumstances due to medication and undue influence. Signature improperly placed. Urgent due to *-year statute of limitations approaching.
From: FreeLawChatCom
Is there anything else I can help you with?
no u have been great
Case Rating: *
I'm glad I could assist. If there's anything else you need, feel free to reach out anytime. Take care!
will they contact him initially by phone or email?
Case Rating: *
Typically, the lawyer will contact your friend initially by either phone or email, depending on the preference indicated during the information collection. Since both contact details were provided, Dustin may be reached through either method.
contact by phone preferred
Case Rating: *
Thank you for specifying the preferred contact method. We will ensure that the lawyer contacts Dustin primarily by phone. If there's anything else you need or any other preferences, feel free to let me know!
when can he expect a call?
Case Rating: *
Dustin can expect to receive a call from a lawyer soon. Typically, they aim to reach out within a few business days, but it can vary depending on the lawyer's schedule. If there's any delay beyond this period, feel free to follow up for confirmation.
* yrs is in 12 days so it’s very crucial to make contact soon , very soon.
Case Rating: *
The situation you're describing seems urgent, given the statute of limitations. Dustin should expect a call soon, likely within a day or two due to the critical timeline. If he doesn't hear back quickly, I recommend following up to ensure prompt assistance.
case strength chart above. Is red good or bad?
Case Rating: *
In a case strength chart, red typically indicates a warning or negative status. It usually suggests a weak or problematic situation. In legal contexts, it might indicate potential challenges or issues. However, since your case was rated strongly, it suggests significant legal concerns that need attention. Would you like to be connected to local lawyers who can better assist you with your case?