The house was made over to me Sept., 2005. She was given living rights. She had no will because it was tied up in a trust fund $300,000 which was lost because it was a ponzi scheme. So now, being diagnosed with cancer she wants to make a will, but she doesn't own anything but a vehicle. Now she wants to retract and say she is willing me "My" own house and I have to give my brother a certain amount of the value. I can't make her see it is not her house anymore to give.
you should have thedeed reviewed by an attorney. if she did relinquish all rights to it then you are correct that a will signed by your mom would be ineffective to change the title.however without a review of the document she could have retained certain rights. an example is a lady bird deed wherein the grantor ( mom ) transfers the house to you but retains a life estate in the property but also retains the right to sell or otherwise transfer the property if she is alive. a lawyer in your area who practices real estate law can advise you.
I am an NC licensed attorney, assuming that your mother or the land is in NC. You are correct that a will operates only to give you whatever the decedent owns at death. The decedent cannot give what is not owned. So check the deed to the real estate - most NC counties are online. If the grantee indicates that you are the owner of the property with a life estate in your mother, then all is well. You can show your mother a copy of the deed. Maybe she will then believe you. The only way this could be undone is if you and your mother signed a new deed conveying the land back to your mother.
Of course, your mother can make a will saying whatever she wishes, but she cannot order you to give half of the value of the property to your brother or anyone else as that could not be enforced if she does not own the property. While your mother is alive, she could convey her life estate rights to anyone, but if she has cancer, then her life expecancy may not be very long.
While a few states have what are called "Lady Bird" deeds (they are recognized in Texas and are called that because of Lady Bird Johnson, Lyndon Johnson's wife) NC does not recognize these the last time I checked.
I do not understand what a will has to do with the Ponzi-scheme. Even with valid trusts, people still need wills, but if all she has is a car, maybe she needs to think about re-titling it now in either your name or the name of your brother or another sibling. If she has a checking account, then she should add your or another sibling to it. In such a manner, she may totally be able to avoid probate.
However, if she has cancer and does not remember deeding you the property in 2005, is she mentally competent? If not, she can't make a will or do anything else legally.
