QUESTION
My elderly mother just let my cousin move in to her home, now he wants her to sign the house over in his name, can I stop this from happening?
Asked on Dec 11th, 2013 on Estate Planning - California
16 ANSWERS
Edwin K. Niles
You'll probably have to ask the court to appoint you as her conservator.
Answered on Dec 16th, 2013 at 8:00 PM
3 Awards
You may need to seek guardianship. Speak with a guardianship/conservatorship attorney where you mother resides.
Answered on Dec 16th, 2013 at 8:00 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Petition the court for a guardianship and conservatorship based on the fact that your mother is subject to undue influence. Will a doctor support that? That will be necessary. Preferably her doctor.
Answered on Dec 16th, 2013 at 7:59 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If your mother has capacity, she can do with her assets what she wants. You might have a talk with her honestly about what her plan is.
Answered on Dec 16th, 2013 at 7:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get to an attorney now, this is most probably a classic case of undue influence.
Answered on Dec 16th, 2013 at 7:59 PM
Yes, you could get yourself appointed as her guardian since it appears that she is subject to elder abuse and undue influence by your cousin and others.
Answered on Dec 16th, 2013 at 7:58 PM
If your mother is a legally competant adult who understands the consequences of her actions, she may sell or tranfer her property to anyone she chooses, unless she only holds a life estate on the property. If you suspect that your cousin is taking advantage of your mother or your mother is having difficulty understanding what is being asked of her, you can ask your mother to grant you power of attorney for financial matter, including all sales and transference of real property. You can also talk to your state or city's Agency on Aging or any organization that advocates for seniors about how to best protect your mother.
Answered on Dec 16th, 2013 at 7:58 PM
You may be able to. Start by consulting with an attorney specializing in Elder Law. Next, speak with the Elder Fraud Unit of the local police department or District Attorney's Office.
Answered on Dec 16th, 2013 at 7:57 PM
Is she competent to sign a deed? If so, you cannot stop her. If she is not, you can call Adult Protective Services and ask for help.
Answered on Dec 16th, 2013 at 7:57 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If your mother is competent she can dispose of her assets any way she wants to. If at this time she does not want to transfer her home to her nephew, you could have her transfer the home into both her name and yours, even add other grantees as appropriate. Once in the new ownership all of the new owners would have to participate in a transfer, not just your mother.
Answered on Dec 16th, 2013 at 7:57 PM
2 Awards
Yes but you need to see an attorney YESTERDAY. Trust me it will be much easier and cheaper to do it now than to fight for the house after it is transferred.
Answered on Dec 16th, 2013 at 7:56 PM
If you can not get your mother to refuse to do so, then the only route is to try to get her found to e mentally incompetent. Try to get her to kick the cousin out; bring along paperwork [a letter telling him to leave]; maybe you can get her to go to an attorney or set the property into a trust with you in charge.
Answered on Dec 16th, 2013 at 7:55 PM
Thomas Edward Gates
Yes, get a power of attorney from her. Also, if she does sign, you can ask the court to look at the circumstance to see if it was done on her own free will.
Answered on Dec 16th, 2013 at 7:54 PM
You should report the cousin to the authorities in charge of financial elder abuse.
Answered on Dec 16th, 2013 at 7:54 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Maybe. If your mother wants your cousin to have the property, you are probably stuck, unless she lacks capacity. She is free to do with her property as she wishes, in most cases. It is only where her capacity is diminished to the point where this could be considered elder abuse, that you have a potential case. You can always file a complaint with APS and let them investigate.
Answered on Dec 16th, 2013 at 7:11 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services of a probate lawyer who knows conservatorship law, and obtain a conservatorship of your mother of her person and estate, and maybe have the cousin removed from the premises before he wipes out her accounts, jewelry, and anything else of value, including the real estate. This is URGENT. DO NOT DELAY.
Answered on Dec 16th, 2013 at 7:09 PM