My Uncle Took My Granny to a Lawyer and Had Her Sign Property Over to Him, She Is 80 and Has Alzheimers?
Saturday, April 24th, 2010 at
2:07 pm
DJ asked:
My granny was diagnosed in 2007 in Dec of 2008 was uncle took her to a property lawyer and had
her sign over her home to him in Life Estate? He claims that he now owns the property , we think this is illegal. My mom is now the conservator of my granny and we need to sell the property to be able to pay for her at a Memory Care Facility? Will he get in trouble for doing this and do we need a lawyer?
Tagged with: Alzheimers • Life Estate • Memory Care
Filed under: Alzheimers
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A life estate does NOT transfer title to the property. What it means is that your uncle has a right to stay there until he dies. There are exceptions to this that are carved out in each state’s law.
As for whether or not what he has done is illegal, that’s a state law matter. You should try calling your state’s department for elder abuse or contacting an attorney who practices in this area.
This is a very complicated situation you find yourself in,yes by all means consult a lawyer but in the end you’ll have to prove that your gran was not of sound mind when she signed the documents,i wish you the best of luck and this uncle sounds like a gold digging scumbag.
It sounds like when your uncle had your grandmother sign the real estate over to him in a life estate, that it was not a legal transaction. But: (1) this will have to be proven, and (2) you need to something about this AS SOON AS POSSIBLE!!
For your own protection, get an attorney.
THE best way to find a lawyer is by word of mouth. Ask your: family, friends, coworkers, anyone you might know in the same situation, etc.
OR
Call your local (usually county) bar association. Ask for names of attorneys that handle real estate/estate law. (If money is a BIG problem, you could also ask for the phone number of your local LegalAid office. – the attorneys at LegalAid are “real” attorneys, but sometimes in the field of Law, how much you are willing to pay does affect the quality you get.)
When you call the law office(s), insist on speaking with the Lawyer. Just tell the Secretary the main idea of your matter – do not tell all the little details of your matter to the Secretary – save the details for the Attorney. When you get the Lawyer on the phone line, ask him/her:
- Do they give >>>FREE, initial consultations for the FIRST meeting? (most do, but not all – you have to ask, don’t assume)
- How much do they charge?
- Could you make payments on your account?
- Can they help you? OR Refer you to someone who can help you?
Good luck.
(This is based on my knowledge, information, belief, and life experiences. This was intended as personal opinion, and not intended to be used as legal advice. Seeking advice over the Internet is not a good idea – the field of Law is too complex for that. Please be careful and do your research.)
If she is mentally incapable, she could not legally agree. Thus, your uncle’s LE is not valid. It may be advisable to seek legal assistance with this matter sooner rather than later, given the state of your granny’s health.
Well if your grandmom still lives with your Uncle, why would you need to sell the property?
If she lives with him for 1 year after this transfer you don’t have to sell anything to pay for her care.
I’m just really curious if she’s already in care or still lives in the home. I can tell you what your mom is telling you is probably not true, most people are very reluctant to sell off their parents assets to pay for their long term healthcare. The whole rule can be by-passed if you transfer assets 1 year before putting her in a home.
If she isn’t already in care, transfering the home over to a child is an excellent idea, sounds like your mom is really bitter he beat her to the gun.
The Uncle’s definately not a scumbag, he just doesn’t want to see his moms house go to the government when it doesn’t have too. When healthcare is reformed in probably 2013-14 this will not be an issue anymore, eldery long-term healthcare will be free.
you need a lawyer. a life estate means that your grandmother owns the house but you uncle has the right to use the property for as long as he lives. it then reverts back to your grandmother and if she is deceased to her heirs. this is a complicated area of the law and you need a real pro to solve these type of disputes but my best guess is the life estate your uncle has can be overturned. i am not a lawyer but have completed the first two yrs of law school