The #1
Real Estate Investing
Community

Fri, Jul 03, 2009 
Topics 'N Comments
Forum Topics
* Refinishing Hardwood Floors...advice?
* Lingering Vacancy
* Closing And Title Company
* Closing Doucments For Sub2
* Structure Of Equity Sharing Agreement With Private Lender
* Financing
* Building A City
* Hotels
* Anyone Know A Mapping Program That Does Multiple Locations?
* CW Deed-in-Lieu

Comments
* Thanks for posting...
* Jason.... You''re...
* Don''t do business...
* Jason, Something ...
* bargain76... THANK Y...
* Jason, one of these...
* Right on, Kim ...
* Hi Mike, Your...
* I agree, Kim Tucker...
* This is the reality...
Contact Us
703-778-5755
Login Problems?
Sales
Support
Feedback
Recommend Us
History and Purpose of TCI


Advertise on our site
Advertising Login
Sell Your Product Here!
Official PayPal Seal
Foreclosure Forum
Moderated by: joel, TheShortSalePro, JohnLocke, bargain76
Forum First Timers Click Here
  

Real Estate Investing Forum Index / Foreclosure Forum / Sis Stole The Deed To Mom's House...now What?

Author

Sis Stole The Deed To Mom's House...now What?

EagleDennis

45 Posts  
Member Since: 08/18/2004
Seattle, WA
Join EagleDennis's Network
What's My Favorites Network?
Posted: 12:36 on 08-16-2008   
Mom is terminal and may not have long to live. My sis stole the deed by convincing mom she would go into a rest home and they'd take her house to cover expenses if it was still in her name. Deed is not recorded but probably will at time of her death or there abouts. Her will specifies everything she owns gets split 50/50 at her death. If the house gets transferred via recording the deed aren't I screwed? Is there anything that can be done about this? House is worth about $350-425k.

   Profile of EagleDennis Profile of EagleDennis    Edit/Delete PostEdit/Delete Post    Quote this PostQuote this Post    Report this post
NewKidInTown3

2079 Posts  
Member Since: 09/01/2005
Frederick, MD
Join NewKidInTown3's Network
What's My Favorites Network?
Posted: 13:31 on 08-16-2008   
Quote:
Mom is terminal and may not have long to live. My sis stole the deed by convincing mom she would go into a rest home and they'd take her house to cover expenses if it was still in her name.

Sis is probably right if Mom will be on Medicaid and has no income to pay the nursing home expenses. What Sis did not realize is that transferring the house out of Mom's name now won't prevent Medicaid from attaching the house.

Maybe your Sis is not trying to steal your inheritance, just trying to protect Mom's assets. Is the new deed in both your names?

Moms title transfer before death creates a capital gain tax liability if Sis sells the house, whereas none would exist if the house is received by inheritance.

Sounds like you need an attorney on the case right now. If you think Sis is trying to steal your inheritance, your attorney needs to depose your Mother while she is still competent and to determine whether you have ammunition to challenge the title transfer in court.


[ Edited by NewKidInTown3 on Date 08/16/2008 ]


   Profile of NewKidInTown3 Profile of NewKidInTown3    Edit/Delete PostEdit/Delete Post    Quote this PostQuote this Post    Report this post
bargain76



1703 Posts  
Member Since: 12/05/2003
Jacksonville, FL
Join bargain76's Network
What's My Favorites Network?
Posted: 14:42 on 08-16-2008   
In Florida (procedures may differ in your state), I would draw up a deed, deeding the property jointly to Mom's Life Estate, You and your Sister.

Mom's signature needs 2 witnesses and a Notary. The Notary can be one of the witnesses. Then I would record the document ASAP.

Would Mom go along with this scenario?

_________________
"BARGAIN KING"


   Profile of bargain76 Profile of bargain76    Edit/Delete PostEdit/Delete Post    Quote this PostQuote this Post    Report this post
EagleDennis

45 Posts  
Member Since: 08/18/2004
Seattle, WA
Join EagleDennis's Network
What's My Favorites Network?
Posted: 15:31 on 08-16-2008   
I've proposed transferring into a trust with both our names. Sis doesn't like this, of course. I don't really think she realizes what she's doing. Just trying to control the situation like usual. I'll contact an attorney and see if anything can be done now or after the fact. It's in CA.

   Profile of EagleDennis Profile of EagleDennis    Edit/Delete PostEdit/Delete Post    Quote this PostQuote this Post    Report this post
kevnhl25

51 Posts  
Member Since: 07/15/2004
Cedarville, MA
Join kevnhl25's Network
What's My Favorites Network?
Posted: 17:36 on 08-23-2008   
in Mass there is a five year period if home is transferred
or sold and the transaction is not arms length the attachment will stick.



   Profile of kevnhl25 Profile of kevnhl25    Edit/Delete PostEdit/Delete Post    Quote this PostQuote this Post    kevnhl25's Group    Report this post
cjmazur

4284 Posts  
Member Since: 07/23/2003
Cupertino, CA
Join cjmazur's Network
What's My Favorites Network?
Posted: 21:23 on 08-23-2008   
In CA (Medi-cal) there there is a 3(?) year look back period for fraudulent conveyance.

I would get a living trust formed and transfer all assest into it, but the life estate deed is a quick solution, so long as mom can still sign it away and my sis's deed valid.

There are other tools to avoid medicare claw back.

I was trying to get my mom to do this. Last xmas it was finally done and cost ~1500.



   Profile of cjmazur Profile of cjmazur    Edit/Delete PostEdit/Delete Post    Quote this PostQuote this Post    Report this post
EagleDennis

45 Posts  
Member Since: 08/18/2004
Seattle, WA
Join EagleDennis's Network
What's My Favorites Network?
Posted: 01:15 on 08-24-2008   



Quote:

On 2008-08-23 21:23, cjmazur wrote:
In CA (Medi-cal) there there is a 3(?) year look back period for fraudulent conveyance.

I would get a living trust formed and transfer all assest into it, but the life estate deed is a quick solution, so long as mom can still sign it away and my sis's deed valid.

There are other tools to avoid medicare claw back.

I was trying to get my mom to do this. Last xmas it was finally done and cost ~1500.

I want to form and transfer everything into a living trust. My mon would go along with anything my sister tells her. She's very much mentally together and cognizant. But being old fashioned, she goes with what ever the eldest child thinks is best. Wierd cultural thing going on here. So I don't think sis will allow a living trust to be forms because then my mon will ask her to put it in both our names and that will nix her little diabolical plan to take her deed down to the courthouse and record it once mon breathes her last. So it will just run it's course unless I really make a stink about it which I'd rather not. It just seems wrong to start figthing about who's getting what when mon is still alive: totally bush league in my book. I just wonder if there's any legal recourse after mom is gone if this is how things go down. Oh well.

PS. If I still lived in CA. I'd take you out to the nicest restaurant in town just to pick your brain about this!! Thanks for the response.




   Profile of EagleDennis Profile of EagleDennis    Edit/Delete PostEdit/Delete Post    Quote this PostQuote this Post    Report this post
  
  
Username or Email

Password

Remember Me:

Is the first-time home owner tax credit helping your business?

Yes
Maybe
No



Results
Polls

Votes: 16
Comments: 1
Real Estate News | Real Estate Investing Articles | Real Estate Investing Gurus | Real Estate Forums | Real Estate Lenders | Real Estate Investing Groups | Real Estate Course Reviews | Real Estate Services | Real Estate Courses | Investment Properties | Real Estate Search | Commercial Properties | Land For Sale | Houses For Sale | Houses For Rent | Real Estate Comps | Sell House Quick | Sell House Fast

The Creative Investor web site was created for Landlords, Property Managers and Real Estate Investing community.
Through using our forums, investors will be able to talk about finance, no down payment purchases, debt payoff, purchase strategies and current real estate news.
Privacy Agreement and Terms of Use. All logos and trademarks in this site are property of their respective owner.
The comments are property of their posters, all the rest 2002 by PropBot.com L.L.C.