QUESTION
How can I remove a person's name off the deed to my house?
Asked on Apr 17th, 2013 on Estate Planning - California
More details to this question:
I would like to know how I could remove someone's name off the deed to my house due to the fact that he's in a nursing home and they are trying to put a lien on my house?
12 ANSWERS
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You both must sign deed so if he is not competent he can't sign. If someone has power of attorney and that power authorizes them to do that they can sign as his agent however be aware that if lien as a result of a bill for him they may file an action for a fraudulent transfer.
Answered on Apr 19th, 2013 at 3:47 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You will need to obtain a conservatorship of the person and his property, to obtain removal of his nbamew from the property, provided he does not have an interest in the property. Subtain the assistance of a probate/conservatorship attorney to assist you.
Answered on Apr 18th, 2013 at 7:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need details, call for an appointment.
Answered on Apr 18th, 2013 at 3:42 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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When you make a deed, you are transferring an interest in real property. You can't "take a person's name off the deed." That person is an owner of the property. If your transfer was a gift, you may be able to bring an action in court (maybe a partition?) to show that you did not intend the gift and your equity in the home should not be burdened by the other person's debts. You need to get counsel of an elder law attorney.
Answered on Apr 18th, 2013 at 3:41 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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You could buy his share of the house from him (and pay fair market value). If you don't pay fair market value, it would be a fraudulent transfer to defraud his creditors (the nursing home). Otherwise, you cannot just take his name of the deed by yourself. After all, the house belongs to him too.
Answered on Apr 18th, 2013 at 3:40 PM
You can't. You can petition the Court to do so, or for a partition of the legal interest. You should consult with an attorney who specializes in Medicaid issues for further advice.
Answered on Apr 18th, 2013 at 3:40 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can't unless he or his guardian or conservator sign over his interest. And why would he do that. The house is what Medicare may look for to get paid.
Answered on Apr 18th, 2013 at 1:38 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You may not be able to do this, and it might not help if you can. You should meet with a probate lawyer to see what, if anything, can be done.
Answered on Apr 18th, 2013 at 1:32 AM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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Find a great elder law attorney in your area. This is way more complicated that simply removing his name. There are Medicaid rules prohibiting gifts within 5 years etc.
Answered on Apr 18th, 2013 at 1:32 AM
3 Awards
That is a complex question. You need to speak with an elder law attorney to determine what can be done and what cannot be done. You do not address if you are married, who paid for the home, etc. These are important factors.
Answered on Apr 18th, 2013 at 1:26 AM
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That is very complicated. You cannot just remove a name and even if you could the nursing home may have a claim.
Answered on Apr 18th, 2013 at 1:26 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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That person has to do it... You need an attorney to look at this.
Answered on Apr 18th, 2013 at 12:08 AM