QUOTE(ray123 @ Jan 11 2012, 06:58 PM)
You can still sue him to get the property back. You just need to convince your parents to go with it. Your lawyer can argue on several grounds: that your father was of "unsound mind" at the time and was not aware of what he was doing. It doesn't matter if every neighbor and their dog knows your dad is perfectly fine, all he needs to do is convince the judge and a doctor.
Secondly, you can have a lawyer draft up a will and have it backdated. This means your father actually has willed everything to you (and/or your mother)
before your brother's agreement. Your lawyer have ample grounds to fight, such as your brother is unfit to take care of your parents (does your brother have a criminal record? Is he a declared bankrupt?).
Thirdly, where are your relatives?
Even if such measures might not give you the outcome you wanted, you and your lawyer can very easily "freeze" the assets and tie it up in legal limbo for months if not years. Eventually he would need to come to you to settle it. Make sure you have trustworthy friends/relatives with you when he does.
If TS bro goes by my post argument, there is nothing his parent can do as well.
QUOTE(MissIceRina @ Jan 11 2012, 06:47 PM)
If TS parent willfully signed the document (which I believe they did, considering how much TS mother trust TS bro), then there is hardly any case.
It's not uncommon for parent to transfer ownership/title to their children when they get old.
Heck, my parent are going to do that soon.
The purpose of this is that in the event they pass away, their assets would not be frozen (gov will freeze it for 3-5 years i think).
Their sons and daughters would have immediate access to it instead (to pay for funeral, medical, etc)
And also, he would have to be tested by a trained and qualified psychologist. And it's unlike it he would pass unless there is strong reason for him to be mentally "unsound" in the first place.
Besides, this are argument is not a strong evidence 'cos it's circumstantial. Otherwise, everyone would start claiming their are mentally "unsound"
I believe it would be illegally to a lawyer to backdate a will just like that.
At present, they no longer own the property. I.e. Your can't just simply sell something to A and then claim that you already sold it to B earlier.
Their relatives has no right to intervene in their family matter and are just as powerless as us.
TS could try to make it hard for his bro, but remember, his bro can easily just as well make it hard for TS.
This can be seen when TS bro ask 3 people to break down his door.
Who knows what else he is willing to do (he even kicked his parent out)
And aside from the financial cost, it would also break TS mom heart.
This post has been edited by MissIceRina: Jan 11 2012, 07:15 PM