Legal Question in Wills and Trusts in New Mexico

My Grandmother suffered a stroke and while in the hospital signed a deed over to my aunt. My aunt then put the deed in her husbands name. Now my aunt's husband now has the deed to 10 acres of land? My question is "Is there something that would have protected that document while my grandmother was hospitalized after suffering a stroke?" This is just a brief summary as to the matter, of course there are many details but I tried to make it brief. Thanks


Asked on 1/17/11, 9:31 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

A document signed by a person who is temporarily or permanently mentally impaired is invalid. A person who obtains such a document under such circumstances which deprives another of a prospective interest in real estate is guilty of fraud or undue influence.

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Answered on 1/23/11, 3:27 pm


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