I'll try my best to make this quick and concise, but feel free to ask for more information to fill in any potential gaps....

My dad is currently in a nursing, completely incapacitated mentally and physically. Four years ago, after my brothers death in a motorcycle accident, he and my mother inherited everything my brother owned, including a commercial building where my brothers business was located (my brother wasn't married, had no kids, no will).

My parents had been divorced for decades. They still did not get along very well, and they basically began divorcing all over again (there was a very substantial amount of cash and multiple properties involved). So my dad basically bought my mother out of the situation, via a "family settlement agreement". I was there when all parties signed. The settlement gave my mom her half of the cash value of his estate upfront, in exchange for her exiting the situation and giving up all rights to his estate and not making a nuisance of herself, in general.

My dad also had a new will drawn up making me the sole inheritor of his estate. I have statutory durable POA, as well as medical POA. All of this occured when he was still coherent and of sound mind.

So now I've found a buyer for the commercial property that my brother owned, but apparently my dad signed the deeds three days AFTER my mother passed away, a little over three years ago. The title company underwriter is currently reviewing all of the documents pertaining to the family settlement agreement, but said that this could potentially make half of the funds from this building part of her estate, even though she passed away a little over three years ago, and eligible to be given to her heirs. She left everything she owned to a third party whom I don't really know.

Did my dad make a huge mistake by not getting these deeds transferred into his name before her death? The bank records will show the rather large amount of money that was transferred to her the day after the family settlement agreement was signed by everyone. But the title company has me extremely nervous about this new news that the deeds weren't transferred into his name BEFORE she passed, apparently as they should have been.

Thanks in advance to anyone who could chime in and provide some perspective.