mom needs to take his name off deed so they can't take it from her to pay nursing home thanks
2007-08-01 08:31:34 · 7 answers · asked by blondie 4 in Business & Finance ➔ Renting & Real Estate
Because of the debt incurred for the care I doubt if when you would file a partition lawsuit to take his name of the deed, I don't think the court will allow it, especially if the care giver objects. But if he has Alz then chances are that he will be declared incompetent if that has not already happened and he can not act on his own in issues having to do with conveyances or contracts.
There is no other way to take him off the deed other than to go to court and ask the court for that order. So you will need to get legal assistance.
Best of luck and I hope things improve
2007-08-01 09:03:35 · answer #1 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
In order to remove a person's name from a deed without that person's signature, the person must be legally declared incompetent, a power of attorney prepared accordingly, and the POA then signing on behalf of the incapacitated person.
However, it may not be as easy as doing what you are proposing. Your mother may well have to divorce your father in order to prevent the taking of personal assets to cover nursing home costs.
I suggest that you obtain qualified legal counsel in this situation before you do anything further.
2007-08-01 08:41:17 · answer #2 · answered by acermill 7 · 1⤊ 0⤋
He can remove his name from the deed, but not the note. If you both signed the note you are both responsible for the payment regardless of whether he quit claims himself off the deed. However, if only you signed the note then he can remove himself from deed & have no responsibility for the debt. I'm assuming he signed the note as well as you since you allowed him to stay in the home- if that's the case you are protected to some extent because a foreclosure would ruin his credit too. Your recourse is to sue him for not living up to the divorce agreement.
2016-05-20 01:42:29 · answer #3 · answered by leta 3 · 0⤊ 0⤋
If he has alzheimers, he should be deemed incompetent, and then you would have someone who has rights to sign things in his stead. Assuming he is not on a mortgage (you cant get off that without refinancing) you just need to do a quit claim deed and get it recorded.
2007-08-01 09:47:30 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You need an attorney to draw paperwork that states he is no longer able to take care of his financial business. Otherwise she could deed the property to you with a life estate. It technically gives you title to the property, but you promise your mother a life estate. When she dies, the property reverts to you in total. Again, get an attorney to help you.
2007-08-01 08:39:58 · answer #5 · answered by Anonymous · 0⤊ 1⤋
They won't make her sell the home to pay his care. She can use any assets they have to pay the bill and if it gets to where his assets are under $2,000 he can go on Medicaid which means the taxpayers will pay for his care. Then when she sells the home she can pay us back.
2007-08-01 08:38:01 · answer #6 · answered by shipwreck 7 · 0⤊ 1⤋
go to a lawyer
2007-08-01 08:38:35 · answer #7 · answered by hello 2 · 2⤊ 0⤋