Martinez, GA Estate Planning Law Firms & Lawyers

The fact that you paid for the property actually doesn't really have any bearing on ownership. If you paid for a property that was partially owned by another person, you made gifts to that person each time you made a payment that benefitted them. You don't provide one critical fact: How did you and your mother hold title to the property? If the deed clearly states that you held it as joint tenants or with rights of survivorship, then you are likely correct, and you are likely now the sole owner of the property. However, if you and your mother were both listed on the deed as owners, but the deed did not specifically and clearly create a joint tenancy with rights of survivorship between the two of you, then, assuming it is a Georgia property, your mother's interest became part of her probate estate at her death and passed either under her Will (if she had one) or under the Georgia intestacy rules if she didn't have a Will. In either case, your sister may actually own an interest in the house, because she may have received a share of your mother's interest. You should ideally sit down with an attorney and figure out what exactly happened. The attorney will need to look at the deed (which is not the Security deed, but is generally a Warranty Deed, Limited Warranty Deed, or Quit Claim Deed) for the property to see how it was titled. Depending on what that says, you may then need to have the attorney help you figure out what happened when your mother passed away. Best wishes to you.

Assuming it was drafted even half-decently, your trust should state in it what you need to do to amend it. And yes, legally speaking, as long as you follow the requirements you can amend your trust yourself. But doing so is likely a very, very, very, very, very, very bad idea. Please do your desired beneficiaries a huge favor, find a good, experienced, estate planning attorney, and have the attorney help you make any changes that are needed or desired. It is so easy to overlook or mess up important details if you don't know what you're doing. Best wishes to you.

Sounds like your husband should hire an attorney to review the situation and advise him of the risks. Not only could it be what they are claiming but it may subject himself to a criminal charge for abuse of the elderly in Florida.