QUESTION
How do I remove someone that I shouldn’t have been added to my grandmother’s deed?
Asked on Nov 02nd, 2016 on Estate Planning - California
More details to this question:
I am my grandmother’s power of attorney and have been since she became ill 5 years ago. Last year, my dad insisted on me adding him to the title of her home in order to keep her home from being taken by the state after she died. Since doing this, he is talking about refinancing and using the money for motorcycles and other frivolous stuff. I mind you, my granny is still alive and rotting away in a crap facility while he lives in her home thinking about the ways he is going to spend her equity. I am still power of attorney and worry that once she passes, he will claim that home as his even though this was not her wish. She has no will. Can I remove him from the deed or should I add another party to prevent him from being the snake that he is?
3 ANSWERS
If grandma is competent, create a trust for her. However, you will need dad to willingly sign off on title, so perhaps give a token sum in exchange for deeding off title.
Answered on Dec 07th, 2016 at 5:13 AM
Edwin K. Niles
You don't say that she is a Medi-Cal recipient, but it sounds as if she might be. You should have a consultation with an estate planning lawyer who understands the Medi-Cal rules. Getting dad off title won't be as easy as adding him.
Answered on Dec 07th, 2016 at 5:13 AM
There is some vital information you have not provided us. You made a very bad decision to put him on title, but maybe you can get out of it. ?What does you power of attorney allow you to do? Some powers are limited. I assume your grand mother was the only one listed as owner of the property before. If she would not have agreed to the transfer or not as you would have done it, perhaps you exceeded your legal authority. ?Would she have only agreed if provision was made for her to get some periodic payments? Would a title insurance company agree to guarantee title to the property? ?Is she mentally sound; parents often overlook their children's faults and will not sue them no matter what. ?if you transferred all ownership to him, then you no longer have any power over the property so can not add someone to the title now. Did he trick you in anyway so you can sue for misrepresentation or fraud? Your need to go to a local real property attorney to find out what can be done.
Answered on Dec 07th, 2016 at 5:13 AM