Legal Question in Elder Law in Maryland

My dad signed paper and gave his nephew his house and they read not at arms length.

I am his only child and my two children he.loves more than anything.

He has a fifth grade education and cannot read.

His nephew of course moved in there and.pretend he would care for him that has never happened and he know he shouldn't ha e done what he did can he change it basically they took advantage of the fact he can't read.

What can.be done?

Asked on 4/20/13, 11:28 am

2 Answers from Attorneys

Paula McGill Attorney at Law
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This is too serious to be handled online.

ASAP, your father needs to consult with an experienced local real estate attorney to see if he can challenge the transfer based upon a number of defenses. If your father knew he was transferring the property to the nephew, but is now having second thoughts about it, he may just be out of luck. Again, seek the advice of a real estate attorney to obtain guidance on what do do next.

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4/20/13, 2:26 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus
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Property title and elder/advanced life decisions, including transfers through a Last Will and Testament, should be properly certified to effect the intentions of your father. There may be other extenuating matters concerning his ability to obtain health care. I can meet with you and your father to discuss and advise on the various matters. Contact me should you need assistance.

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4/20/13, 7:28 pm

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