How should I "advise" this lady?
Find answers to your legal question.
How should I "advise" this lady?
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Millie, a 76–year–old widow, lives in an older house in an upscale neighborhood. Millie has no children of her own but has always been particularly close to her niece, Sylvia, who moved in with Millie four years ago. In recent years, Millie’s health has been poor and she takes a number of medications that sometimes cause her to be forgetful and tired.
In the four years since Sylvia moved in, Millie has become more and more dependent on her. Sylvia has gradually assumed all of the duties relating to Millie’s care, including feeding her, helping her buy clothes, and paying her bills. Millie is very grateful to Sylvia as she has long feared having to move to a senior’s home. One day Sylvia approached Millie about transferring the house to her. She told Millie that in exchange for transferring the house into her name, she would let Millie continue to live in the house and would continue to care for her and ensure she never had to move to a senior’s residence. Last week, Sylvia brought a lawyer to the house and presented Millie with a “transfer of land” document (she was told). Though she could not read the document without her missing glasses, Millie signed it. Millie is now having second thoughts about the transfer.
Advise Millie about her legal position.
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Sunshine
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Millie is giving up all of her property rights and her only leverage if she transfers the house. There is no contract guaranteeing her right to stay in the house, and even if there was, she probably doesn't have the resources to fight a breach of contract claim if the woman violates the agreement. Millie could argue duress, or she could argue that she didn't know what she was signing since she couldn't read it. Millie should do whatever she can to get out of it. Also, it may not be registered properly, warranty deed, etc., and therefore may not be enforceable, depending upon the state. Millie should kick the manipulative crook to the curb. |
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No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
