Legal Question in Wills and Trusts in South Carolina
Prejudiced Application of Guardian or Power of Attorney Powers
In 2003, my sister sold a property owned by my mother; the property is in North Georgia but my mother is now living in a S.C. assisted living home. My sister notified both of my siblings to see if they wanted it prior to entering into a contract. However, she did not notify me until a few days before the closing date despite 1) my being the only sibling ever expressing the desire to own it; 2) my having presented several alternatives allowing me to buy and/or inherit it, some in the presence of her lawyer, all of which were rejected; and 3) my mother and I having a verbal agreement for me to buy it prior to my sister's placing her in assisted living.
Her stated reason for its sale was that Mother needed the money. However, I recently learned that, to avoid capital gains taxes, she arranged a lease-option purchase with the buyer. Yet she rejected a similar proposal by me that would have legally guaranteed me the right to purchase the home out of the estate after my mother's death when she raised capital gains as a reason to not sell the property to me while my mother was living.
Is there any way I can contest the sale? Do I have any legal recourse?
1 Answer from Attorneys
Re: Prejudiced Application of Guardian or Power of Attorney Powers
Contracts concerning the sale of land must be in writing to be valid. Therefore, your agreement with your mother would probably not be enforceable and so your mother can sell her house as she pleases.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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