Q: A family member gifted their home to me. We went through the whole process legally…the house was appraised; contracts were signed and a new grant deed for myself was recorded at the county recording office. Since then I have sold this home (was cash owned) and purchased a new home. The family member is now angry at me for a personal reason and is saying she wants the house back…which means the new house I bought. I received a letter from her attorney stating that she should have been on the title to the new home because I sold her home. The attorney is also saying that I am responsible for elder financial abuse because the home that was sold was hers. This sounds ridiculous! I sold the home when it belonged to me. That is my legal right. Grant deed recorded and papers signed over. She was in no part of the selling process for purchase of the new home. The attorney is threatening to file a quiet title, financial elder abuse and duress lawsuit. How is that possible? After my grandmother gifted the home to me and I received the grant deed she gave up all rights to the home I’m assuming. (Pittsburgh, PA)
A: There is no easy answer for this without you sitting down with an attorney and going over all the facts and reviewing all the documents. This attorney may be alleging things that he cannot prove. I hope the prior deed to you from grandmother was done by an attorney, as the attorney would have made sure the law was complied with and this was a gift/transfer for no consideration and grandmother was of sound mind as evidenced by her notarized and witnessed signature. So, if all those measures that you stated were done, it sounds like you have protection. Again, gather all your documents and sit down with an attorney, preferably the one who handled the original transfer from grandmother to you.