Legal Question in Wills and Trusts in Texas
Life Estate
2 years ago my husband and I bought 65 ac. from a 75 year old widow at market value; gave her a life estate in 1.2 ac of this property with a house. There is no other house on the land; we planned to build a home. In the meantime we are staying in a travel trailer. Now, she and her daughter have filed a lawsuit against us saying that we ''unduly influenced'' her into selling the property; they want it ALL back. We have a deed of trust recorded in the county records and have had to hire a lawyer to defend this deed. Now we find that we have to prove she was competent at the time the deed was drawn up. This daughter never showed the slightest interest in the land or much interest in her mother. The widow traveled with my husband and I, spent all holidays with our family, and even assured us that we could store our furnishings in her house until we built ours. During the disaster of hurricane Rita and no power for 3 weeks. She accused us of not taking care of her.She went to her daughter's house 2 hours away and hired a lawyer. The daughter remarried this spring and the new husband is supporting this suit wholeheartedly. What kind of chance do we have in winning,losing all of it or should we offer to buy out the life estate?
2 Answers from Attorneys
Re: Life Estate
You should have a good chance of winning the lawsuit. If she had the presence of mind to leave Huricane Rita, she was probably sufficiently competent to execute a deed. But, it to would probably be more economical to buy out the life estate.
Re: Life Estate
The burden of proof is on them, not on you. But get a lawyer to defend you in this lawsuit.
What makes you think she'll sell you her life estate, when they want everything back?
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