Q: How can I protect my property rights under my mom's will against her boyfriend's actions?
My mother had a massive stroke, which I believe was due to neglect by her boyfriend, who is now under investigation for abuse. She is currently in a nursing home. A few years ago, she added him to the deed of her property. However, I have paperwork indicating that her will states that one property should go to him and another to me. He is now trying to sell the property meant for me. Since legal proceedings haven't started yet, how can I protect my rights to the property given my financial situation is tight?
A: There's no such thing as protecting your rights outside of the legal system. **you need a lawyer asap.** If she added him to the deed of the property "meant for you", you are likely out in the cold. She could leave you a million dollars in her Will, but if she had only a dollar at the time of her death, you aren't getting a million dollars. Same thing applies to real estate. If she owns the property unencumbered at the time of her death, you're in good shape. but if she sells the property before her death, you have no recourse. You have no rights to property in a Will until the person passes away.
Terrence H Thorgaard agrees with this answer
A:
Hi there, sorry about your mother's stroke and this troubling situation.
Unfortunately, a will generally can't override a deed, which makes this challenging. Gather all documentation and consult with an attorney quickly. A lis pendens is a legal notice that can be filed with the county clerk's office in Florida to alert others about a pending lawsuit affecting property rights or ownership. It serves as public notice that a lawsuit is ongoing and potentially affects the title or ownership rights to that specific real estate - again a lawyer would be helpful here.
Time is key. This won't be simple, but establishing your claim now increases your chances while you work toward a resolution. Good luck.
A:
You’re in a really difficult position, and it’s understandable to feel overwhelmed. If the property deed was changed to include your mom’s boyfriend, then he may have partial ownership, which can complicate things. However, if your mother’s will clearly states that a specific property was intended for you, that document is powerful—especially if her mental capacity at the time of changing the deed is in question. Since he’s now under investigation for abuse, that may also support your case if it can be shown he manipulated her or acted in bad faith.
To stop him from selling the property, you can try to file a *lis pendens*, which is a notice that there’s a legal dispute over the property. This can prevent the sale until the matter is resolved in court. You can also ask the court for an injunction to stop him from making any moves while your mother is incapacitated and before probate begins. Since you’re tight on money, look into legal aid services in your area that help with elder law or estate disputes—many have resources for exactly this kind of situation.
Right now, timing matters. The sooner you take action, the better your chances of protecting what’s rightfully yours. Keep all records safe—emails, texts, medical reports, deed changes, and your mother’s will. Even if the legal fight seems daunting, clear documentation and fast action can go a long way toward stopping him from getting away with something that goes against your mother’s wishes.
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