QUESTION
Can he get the house back like he is claiming and can he put me in troubles?
Asked on Jun 14th, 2013 on Estate Planning - Florida
More details to this question:
My elderly friend had given me his house for over 2 years now. I have the deed on my name and he also filed a gift tax. I moved away to another state for job. I let my friend live there and told him that he can live there as long as he wants and when he feels that he needs my help, he is welcome to move in with me. Unfortunately, my dear friend doesn't want me to be just his caregiver or daughter. He can't say that directly because he knows it is not right but he has making my life so miserable and he is threatening to get the house back. I am always scared and living in fear to lose the house. Please help! Thanks in advance.
9 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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First of all you have title to the house and are the owner, so don't be scared of losing the house. Secondly, obtain yourself legal counsel to have the person removed from the house, so you can move forward. Don't let him attempt to make you feel guilty. The attorney should be one who specializes in unlawful detainer actions for removal of renters or freeloaders.
Answered on Jun 17th, 2013 at 9:41 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Without talking to you directly, reviewing the key documents, and learning all the circumstances of the transfer of the house to you and your relationship with the other side, it is impossible to advise you. I suggest you consult with an attorney, pay for one or two hours of his or her time, and give some advice specific to your situation. The investment may give you the peace of mind you need, or set you on the road to finding a way out of this situation.
Answered on Jun 15th, 2013 at 8:11 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If he has transferred the house, then he has given up all legal rights to it. I think it would be extremely difficult for him to get it back, at this point. You can certainly hire an attorney, if he tries. Until that time, I would continue on your current course.
Answered on Jun 15th, 2013 at 4:10 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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He voluntarily gave you the house and complied with all legal requirements. He can't take it back now, unless he goes to court and tries to set aside the transfer. If he was mentally competent at the time, I think he will have a tough time winning a case like that.
Answered on Jun 15th, 2013 at 4:10 AM
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You may have bigger issues than you think. You would need to show by clear and convincing evidence that he intended to give you the home or face an elder abuse case through the attorney's general office. He can also sue you for two times the value of the home, plus the home. You should speak with an attorney to see if those are viable actions against you. You may just want to give the house back. Again speak with experienced elder law counsel on these issues first, but those are the cold hard facts.
Answered on Jun 14th, 2013 at 12:25 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If your name is on the deed the only way you can lose it is if you fail to pay taxes or if there is a mortgage and you don't pay that, or any other bill or judgment against you. Other than that you would have to sign a deed transferring it to someone else unless someone were to forge your name.
Answered on Jun 14th, 2013 at 10:44 AM
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He might be able to get it back depending on the circumstances of the transfer. Get an attorney.
Answered on Jun 14th, 2013 at 10:34 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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If the deed to the house is in your name, the house is yours. The only way that title can be changed is if you do it yourself.
Answered on Jun 14th, 2013 at 10:09 AM
Unfortunately it all depends on what kind of deed you got. There may be a provision that allows the property to 'revert' back to him. If you cannot tell, then talk to the attorney that prepared the deed to find out.
Answered on Jun 14th, 2013 at 10:09 AM