Can our family sue my brother after illegal sale of Mom's home?

Ladymary1 asked...

My brother sold the family home after the court told him not too. In 2009 he forced my mother to sign over her property to him, knowing she was mentally disable to do so, she has had dementia since 2003 and really didn't know what she was doing, there are a total of eight siblings. Can we sue him.

Expert Answer

You want to know if family members can sue your brother for allegedly illegal selling your mother's home. I cannot give you a definite answer, only some pointers. The first thing you have to decide is whether you are willing to pay money to hire a lawyer. If you want to sue your bother, you'll need a lawyer.

The first question about a lawsuit is whether it would be barred by the statute of limitations. That issue would depend on what state you live in, and what claims you would make against your brother. I gather a claim would be made for fraud (among other claims). That fraud, you state, occurred in 2009, when your brother forced your mother to turn over property to him. So you'd need to know what the statute of limitations for fraud claims is in your state. PROVABLE facts are that can establish that your brother committed fraud, and any other claim you make against him.

Then after that, you would need to get estimates from the lawyer of what he thinks your chances of success are, and how much money it would cost you to take the case through trial.

After that, you can decide if you think it's worth it.