QUESTION

Can my mother remove a person off the deed to her house without that person needing to know?

Asked on Oct 31st, 2011 on Real Estate - Hawaii
More details to this question:
My mother has her name on the deed and also holds the revers mortgage on the house. My mother intend for my mentally handicap bother to live there til he dies. However my sister got a hold of my elderly mom and had her put her name on the deed. When my mom pass my bother along with the caregiver should be in the house but my sister stated that when my mom dies she is selling the house and taking the money and running.
Report Abuse

1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
Update Your Profile
No.  If your Mom was competent when she put Sister's name on the deed (presumably along with Mom), the Sister is the co-owner with Mom.  I will assume from the question that the deed is a "survivorship" deed, which means that Sister will become the sole owner when Mom dies.  The only way to get Sister's name off the deed is for Sister to voluntarily sign a deed to accomplish that -- or for a Court to order it.  If your Sister committed some kind of fraud in getting Mom to add her name, a Court may well order the change.  Even if Sister's name is removed from the title, there is nothing in your comments that suggests there is a means to assure the handicapped brother will have access to the house.  You should see that your Mom visits a good real estate attorney in your area to explore a means to recover the title AND to see that proper arrangements are made to preserve the title for your brother.  You mentioned that the property has a reverse mortgage.  If that is so, the lender may have a claim superior to your Sister and your Mom.  Again, a good real estate lawyer should be consulted.      
Answered on Oct 31st, 2011 at 10:11 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters