QUESTION
How can I obtain documents to real property?
Asked on Jul 14th, 2013 on Estate Planning - California
More details to this question:
My father has brain damage cannot speak his stepdaughter has taking him to transfer his real property to her name in which I’ve resided there with him for 30 years. He still pays the property taxes she does not even visit him the agreement was that she would sign the house to me when I get a job and can pay property taxes myself when he passes. He wanted to make sure the house would not be taken due to hospital bills so that his children and grandchildren would always have a place to live she refuses to sign an agreement now and tells me that I have to move out I have been the only care provider for my father. What legal action can I obtain?
9 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You really need to get a lawyer to help you with this. There are a variety of ways people pull this stunt, and your response is going to depend on the actual method step-daughter has used. You probably will want to bring in Adult Protective Services, but you will want to know more about the specifics of what is happening before doing so.
Answered on Jul 23rd, 2013 at 1:08 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You can challenge his actions as a breach of trust.
Answered on Jul 23rd, 2013 at 1:08 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It is hard to say without more facts. Is the property now in your stepsister's name alone? Was their "agreement" in writing? Do YOU have a written caregiver agreement with your father? If your father's estate plan was not set up by an attorney, you may find yourself in a bit of a mess.
Answered on Jul 23rd, 2013 at 1:08 AM
Thomas Edward Gates
If your father has brain damage and/or is very ill, he likely was not competent to do any financial transactions. You can challenge any signed deed to this effect.
Answered on Jul 23rd, 2013 at 1:08 AM
If your father is not "legally" (which is different from "medically") competent to make the decision to transfer the property into his step-daughter's name, then you can challenge her actions in court. However, if she has been named his conservator by a court, she has every right to transfer everything into her name for his benefit. While your father's desire to provide housing for his children is admirable, his first obligation is to pay his debts, including medical expenses. If the house is his primary asset, it may need to be sold to pay the bills. And even if you could retain the house, the terms of the agreement seem to be that you would pay the taxes, as well as utilities, maintenance, repairs, etc. How do you intend to do that when you indicate that you don't have an outside job or other source of income?
Answered on Jul 23rd, 2013 at 1:08 AM
2 Awards
You are going to have a tough time because you have nothing in writing and wills, trusts and real property documents must be in writing. You would have to prove that she is not entitled to the house and that will be very difficult. Many attorneys can help you get a copy of the deed an discuss your options but it will be difficult.
Answered on Jul 23rd, 2013 at 1:07 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to talk with an attorney. She may have used undue influence, but he was trying to defraud the government. The end result may be that Medicaid comes in and takes the place from the step-daughter.
Answered on Jul 23rd, 2013 at 1:07 AM
If your father has brain damage he may be considered incompetent and require a guardian to take care of his property, unless someone already has a power of attorney or is the guardian. To be the guardian, you need to file a guardianship proceeding with the probate court. If the step daughter is the guardian, you can object with the court.
Answered on Jul 23rd, 2013 at 1:07 AM
Go see an attorney specializing in elder law. This case may represent a form of elder fraud or abuse and should be looked into.
Answered on Jul 23rd, 2013 at 1:07 AM