Fri, Jul 03, 2009
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Sis Stole The Deed To Mom's House...now What? |
EagleDennis
 45 Posts Member Since: 08/18/2004 Seattle, WA
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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.
 
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NewKidInTown3
 2079 Posts Member Since: 09/01/2005 Frederick, MD
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Posted: 13:31 on 08-16-2008  
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| 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 ]
 
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bargain76

 1703 Posts Member Since: 12/05/2003 Jacksonville, FL
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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"
 
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EagleDennis
 45 Posts Member Since: 08/18/2004 Seattle, WA
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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.
 
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kevnhl25
 51 Posts Member Since: 07/15/2004 Cedarville, MA
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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.
 
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cjmazur
 4284 Posts Member Since: 07/23/2003 Cupertino, CA
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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.
 
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EagleDennis
 45 Posts Member Since: 08/18/2004 Seattle, WA
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Posted: 01:15 on 08-24-2008  
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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.
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