QUESTION
Is it possible for my grandmother to change what was written in a house document without his son’s permission?
Asked on Aug 26th, 2013 on Estate Planning - Idaho
More details to this question:
My grandmother has a house. In that house’s document she wrote that it will belong to his grandson after she passes away. For some family reasons she want to change that. Her son gave a large part of amount in construction of the house.
11 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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It is her house. She can do anything she wants with it as long as she has the mental capacity.
Answered on Sep 16th, 2013 at 3:26 PM
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If Grandma owns the home and there are no loan documents or recorded proper liens, then she can leave it to whomever she chooses. I suggest that this be worked out and documented before it is too late. 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 Aug 29th, 2013 at 5:29 AM
Estate Planning Attorney serving Spanish Fork, UT
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Prigmore Law
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As long as your grandmother owns the home, she has the right to determine how she will use it, when she will sell it, or who she wants to give it to when she passes. If her son wants to sue or put a lien on the home to demand repayment for his services, that is an option. However, there are time limits on how long he can wait to do so. It is also very possible that her son did the work as a gift, in which case he could make no demand for repayment. Your grandmother is free to change her will or trust as often as she desires. She has no legal requirement to give it to her son.
Answered on Aug 27th, 2013 at 3:07 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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When you write "house document", do you mean that your grandmother signed and delivered to you a deed to the house, which said that you will own the house after her death? (In other words, she kept a life estate and gave you a remainder interest in the house.) If so, she cannot take back the interest she gave you. You will own the house after she passes.
Answered on Aug 27th, 2013 at 2:21 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 attorney, as it appears the estate of your grandmother will have to be probated as there was no will.
Answered on Aug 27th, 2013 at 1:10 PM
It depends on what you mean by a house document. Is it a recorded Deed? A Trust?
Answered on Aug 27th, 2013 at 12:35 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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I'm afraid your question is a little unclear. By "house document" do you mean the deed? Transfer on death deeds are very new in Oregon, but if that's what it is, then yes, grandmother can change it by doing a new deed. If, however, she made grandson a joint owner with right of survivorship, then no, she can't change that without grandson executing the new deed with her. We'd need to look at the actual documents.
Answered on Aug 27th, 2013 at 12:21 PM
Thomas Edward Gates
What is a house document? If she has a will that she made the statement in, she can change her mind on what she wishes to do with the house. It does not require her son's permission.
Answered on Aug 27th, 2013 at 11:29 AM
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She can do what she wants as long as she has the capacity to do so.
Answered on Aug 27th, 2013 at 10:44 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am sorry but I am having a hard time following your situation. What "house document" are you talking about? Did your grandmother sign a new deed? That is the only "house document" that would matter. Writing "it will belong to someone else, when I die," would mean that it would need to qualify as a Will, in order to be enforceable. It *sounds like* your grandmother may have tried to do some homemade estate planning. Do-it-yourself estate plans often are not enforceable because the person does not know how to correctly do what they want to accomplish. I would have a lawyer review the actual documents, as soon as possible.
Answered on Aug 27th, 2013 at 10:39 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you are talking a Will, yes she can change it. If you are talking a deed then, unless it has not been recorded, no.
Answered on Aug 27th, 2013 at 8:49 AM