Posted on: 22nd Apr, 2010 07:24 pm
Several years ago, my brother and mother took my father (who had dementia) and signed their house over into my brother's name. Several months ago (at the age of 42) my brother passed away with no will. My mother is still living in the home & my father lives in a nursing facility. My brother's next of kin are his 2 sons (ages 18 & 20).
My brother had a LOT of credit card debt (in excess of $30k). Since the house was in his name, the creditors are making his kids sell the house to repay the debt. I'm not sure what will happen to my elderly, disabled mother.
My question is....is there anyway we can try to get the deed reversed back into my mom & dad's name IF we can prove that he had dementia when he signed it over to my brother? I had a doctor's evaluaton of my father done as soon as I found out they deeded the house to my brother....and it shows he has dementia and can't make decisions on his own.
IF the deed can be reversed, will the credit card companies still be able to come after the house to get paid? My mom is worried about getting kicked out of her home where she's lived her whole adult life. She's 77 years old and on a feeding tube (the only thing keeping her alive).
Any advice would be much appreciated. We don't have a lot of money, but we would try to get an attorney if it would be worth pursuing.
Thanks!
My brother had a LOT of credit card debt (in excess of $30k). Since the house was in his name, the creditors are making his kids sell the house to repay the debt. I'm not sure what will happen to my elderly, disabled mother.
My question is....is there anyway we can try to get the deed reversed back into my mom & dad's name IF we can prove that he had dementia when he signed it over to my brother? I had a doctor's evaluaton of my father done as soon as I found out they deeded the house to my brother....and it shows he has dementia and can't make decisions on his own.
IF the deed can be reversed, will the credit card companies still be able to come after the house to get paid? My mom is worried about getting kicked out of her home where she's lived her whole adult life. She's 77 years old and on a feeding tube (the only thing keeping her alive).
Any advice would be much appreciated. We don't have a lot of money, but we would try to get an attorney if it would be worth pursuing.
Thanks!
Hi donna!
Welcome to forums!
You will have to contact a real estate attorney and he will help you in knowing whether or not your parents will be able to get back the property in their name. If the property cannot be transferred in the name of your parents, then the creditors will have the rights to foreclose the property and recover their dues.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You will have to contact a real estate attorney and he will help you in knowing whether or not your parents will be able to get back the property in their name. If the property cannot be transferred in the name of your parents, then the creditors will have the rights to foreclose the property and recover their dues.
Feel free to ask if you've further queries.
Sussane