QUESTION
Can Adult Protective Services force you to sign off?
Asked on Feb 12th, 2014 on Estate Planning - Michigan
More details to this question:
A parent put their child on a house deed and then another child moves in with her. The parent decides she wants the child that is living with her to have the house and wants the child she put on the deed to sign off.
8 ANSWERS
No, they have no ownership interest in the house.
Answered on Feb 18th, 2014 at 6:10 PM
3 Awards
They cannot force you, but they can refer the matter to the DA's office, etc. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Feb 18th, 2014 at 6:06 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It sounds like this was not set up properly, in the first place. If there was no attorney involved, that would explain why. Your mother really should involve an attorney, now. If she does not, then you should do so. I would say that, depending on how the deed is set up, no one, including mom or APS can force the child to do this. That is one of the reasons why it would have been VERY foolish for mom to set it up this way, in the first place. Of course, if the child refuses to sign off, then the mom should set up her remaining estate planning accordingly.
Answered on Feb 18th, 2014 at 4:25 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Seek the assistance of a probate lawyer to advise you; the sister now on the property does not have to sign off and is entitled to her share of the property plus her mother's share upon death if title held in joint tenancy. Otherwise if title held as tenants in common, then your mother can will her share to the other sister. See a probate lawyer to assist you.
Answered on Feb 18th, 2014 at 1:59 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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No, but they could bring a charge of elder abuse against you. "Putting the child on the house" is a bad idea in the first place. People should own what they own.
Answered on Feb 18th, 2014 at 1:59 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't know about adult protective services, but it sounds like mom needs a guardian. If the original grant was when mom had no mental problems, hire a lawyer and fight. If mom had mental problems then, it sounds like neither child should have an interest in the house until mom dies.
Answered on Feb 18th, 2014 at 1:58 PM
2 Awards
Generally no one can force you to sign your interest away except a judge and that is rare.
Answered on Feb 18th, 2014 at 1:57 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Doubtful, once a transfer is done, if it was with competence, it is done.
Answered on Feb 18th, 2014 at 1:57 PM