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-   -   Eradicating Deed ???? (http://www.early-retirement.org/forums/f27/eradicating-deed-22990.html)

modhatter 09-07-2006 07:30 PM

Eradicating Deed ????
 
My mother 86 yrs. is on the deed (joint tenant with right of survivorship) with her brother (84yrs). It is actually her brothers house, and the intent at the time her brother did this was to avoid probate and the house would pass on to my mother and my mothers sister. However, in the last year and with the agreement from my uncle, my mom's sister quit claimed her interest in the house, due to my mother being the one who cared for my uncle all those years.

My uncle (her brother) as been sick for about ten years from (stroke, cancer etc.) and my mother has taken care of him without pay for allmost ten years. They had a fallen out recently, and a caregiver was hired to come in and care for him now. After six weeks with his new caregiver, he now wants my mother to sign a quit claim deed to the property so he can have the house sold when he dies and proceeds distributed to other people, (mainly his new housekeeper) who has now been successful in alienating my uncle from his whole family. He has gone to an attorney, and the attorney drew up a quit claim deed for my mother to sign off on the house. He says if she does not he will have my uncle's deed eradicated, and a new one drawn.

Is this possible. I never heard of such a thing. Obviously my uncle is not mentally in control of all of his faculties or this would not be happening.

Brat 09-07-2006 11:45 PM

Re: Eradicating Deed ????
 
I am not a lawyer. I have never heard of eradicating a deed. Your mother should sign nothing!! I think you should go down to the county and see how the deed is recorded ASAP, make a copy and take your mother immediately to an attorney. Your mother and her sister should take legal action to establish a conservatorship for brother. Filing those papers will make him angry, but it will slow down the new housekeeper's efforts to grab the house.

A guardianship may well be appropriate.

Martha 09-08-2006 08:26 AM

Re: Eradicating Deed ????
 
Quote:

Originally Posted by modhatter
My mother 86 yrs. is on the deed (joint tenant with right of survivorship) with her brother (84yrs). It is actually her brothers house, and the intent at the time her brother did this was to avoid probate and the house would pass on to my mother and my mothers sister. However, in the last year and with the agreement from my uncle, my mom's sister quit claimed her interest in the house, due to my mother being the one who cared for my uncle all those years.

My uncle (her brother) as been sick for about ten years from (stroke, cancer etc.) and my mother has taken care of him without pay for allmost ten years. They had a fallen out recently, and a caregiver was hired to come in and care for him now. After six weeks with his new caregiver, he now wants my mother to sign a quit claim deed to the property so he can have the house sold when he dies and proceeds distributed to other people, (mainly his new housekeeper) who has now been successful in alienating my uncle from his whole family. He has gone to an attorney, and the attorney drew up a quit claim deed for my mother to sign off on the house. He says if she does not he will have my uncle's deed eradicated, and a new one drawn.

Is this possible. I never heard of such a thing. Obviously my uncle is not mentally in control of all of his faculties or this would not be happening.

Deed eradicated?* Don't know what he is talking about.* It may be possible for him to do something to sever the joint tenancy but then it the interest of your mom and uncle would be as tenants in common.* This would mean that if your uncle died, you mother would own her part* but his heirs, whoever they may be, would own his share.*

It could be that your uncle's lawyer is saying that they would go to court to have the deed reformed to eliminate your mother's interest.* That may be difficult.* You mother cared for your uncle in reliance on having an interest in the home.* It would be unfair to change that now.

Sounds like possible litigation to me.* Yuck.


Oh, another issue is undue influence by the caretaker and the competence of your uncle.* I would raise that with the attorney asking for the deed.* A change favoring the caretaker should raise a big red flag. If your uncle isn't competent someone other than the caretaker maybe should be appointed guardian.

modhatter 09-08-2006 09:48 AM

Re: Eradicating Deed ????
 
I just found out correct term. It is called "expunging a deed. I do have a call into an attorney. Waiting for call back. I did inquire about guardianship, but it is expensive and takes a good deal of time.

Brat 09-08-2006 09:57 AM

Re: Eradicating Deed ????
 
A conservitor manages another person's money. That may be enough.

What is 'expensive' depends on the cost of other posibilities. Setting aside your mother's interest in the house, if this caretaker cleans his financial closet who will look after his needs??? Will his sisters have the strength to say, "Tough!"

2B 09-08-2006 01:57 PM

Re: Eradicating Deed ????
 
Here's another data point that says old people need to have put together iron clad dispositions of their assets before they get to be old people. I'm sure my FIL would take my DW's POA away because his having to live in an assisted living facility is all her fault. He's afraid she'll sell his car and house. He's ready to move back home. His Alzheimer's medicine is really working and he's cured but she won't let him!

modhatter -- you and your family have a series of tough choices. Good luck.

uncledrz 09-08-2006 02:28 PM

Re: Eradicating Deed ????
 
Real estate law is state specific.

I know of no way, short of agreement or Court Order, to cancel a deed once executed and recorded.

See a real estate lawyer in your area. Sounds like the other lawyer is blowing hot air ---- our profession has been know to do that once in a while. :laugh:


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