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Adversary Proceeding Time Limits For Filing

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    #16
    In essence what you brother is claiming it that you used undue influence to get your mother to deed the house to you.

    That has to be proven in court.

    It hasn't been proven.

    The house was not, is not part of your mother's estate.

    Who filed her "estate" return?

    As far as his paying the $386 per month on the first mortgage, I'd say he had some pretty cheap rent for quite awhile.

    Whose name is on the first mortgage?

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      #17
      The hell of all of this, his Attorney arranged for the initial transfer of this home to us, I paid him the fees to do this, and now he is fighting us what I see as his mistake for not having a trust formally made. He is hiding behind the fact that he could not have a trust completed because Moms mental state and that he could be sued for malpractice. However as stated before, he allowed her to sign over her interest of the home to us and that was OK? He dropped the ball and is trying to cover this in my opinion.
      I see a horrendous conflict of interest. Now if YOU paid him, do you have receipts and all? If he accepted monies from you, you were his client and if he was working for your Mother, then he did his job on her behalf which was give the house to you. Either way, he talks like a sausage. I think he is a weak lawyer and could easily be beat. However, if you get by Monday, I doubt you have a problem and since your brother was listed, they cannot after the fact, sue you. I believe we are hanging by minutes here on this AP and hopefully he is not too sharp with Federal law. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #18
        Thanks for the insight. It is now tick, tick until 6PM. Hope I can ask for the hampsters then!

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