Posted on: 06th Sep, 2007 09:49 pm
my stepfather is gravely ill and told me before all of this that his house was to be divided by my sister and i , my mother is still on the deed but passed away 2 years ago. my sister has taken advantage of him being sick and has moved in with him and is running all of his money and has told me he signed the house over to her although i have checked with the court clerk and nothing has been filed. she also is depleting his bank account with his debit card. she is not on his accounts but has access with his debit card for cash and purchases. we told him what was going on when he was o.k. about 3 weeks ago and he said he wwould take care of all of it when he got out of the hosptial and he confronted her and supposedly she stopped with the debit card as far as we know. she keeps telling me that he has signed the house over to her and he swears he hasn't. she tried a month or two ago to try to get medical proxy and had some of her friends from work come and witness him signing the house and medical proxy but when the social worker came in she threw it out because he was on heavy doses of morphine at the time. but the social worker had no idea about the deed paper and couldn't do anything there anyway. so my question is what do i do to insure my half of inheritance? there is no will as far as i know. please help if you can.. thank you so much linda jones
Hi Linda,
Welcome to the forum.
I feel bad on knowing about your father's health. Hope he get well soon.
At first, your mother's name needs to be removed from the deed. That you can do by filing an affidavit of heirship. After that, your father can quitclaim the property and transfer equal share to you and your sister.
At the same time, your father can retain a life estate for himself on signing the deed. The life estate will give him legal right to possess the property till his death.
Welcome to the forum.
I feel bad on knowing about your father's health. Hope he get well soon.
At first, your mother's name needs to be removed from the deed. That you can do by filing an affidavit of heirship. After that, your father can quitclaim the property and transfer equal share to you and your sister.
At the same time, your father can retain a life estate for himself on signing the deed. The life estate will give him legal right to possess the property till his death.
thank you for your response. my step dad is not of sound mind now and will probably not last through the next week and my sister has done all of this behind my back on getting the quit claim deed. my step-dad was on high doses of morphine when he signed the house over to her or she has forged his name. she is not on his bank accounts and is using the money from a debit card he let at home when he was taken to the hospital months ago. this is my question, what do i do about my half of the inheritance since she is pulling all of this. she was evicted from her home in april and begged him to let her move in with him and now she has done all of this behind his back. i checked with the court clerk and the house has never been put in her name it is just like he told me it was, it is my mother and his name but i am sure the moment he dies she will take the form she has him sign in the hosptial which is notarized by a friend of hers to file the house in her name.
Hi Linda,
If you can prove to the court that your sister forcefully made your father sign on the deed when he was on high doses of morphine, then there are chances that the deed may not be considered a valid one. In this way, she will not be entitled to the entire property.
If you can prove to the court that your sister forcefully made your father sign on the deed when he was on high doses of morphine, then there are chances that the deed may not be considered a valid one. In this way, she will not be entitled to the entire property.