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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3765
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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I think this is the right section... My mother (75) wants to

Resolved Question:

I think this is the right section... My mother (75) wants to make sure that my brother (53) who is disabled (traumatic brain injury from a motorcycle accident) and lives with her, is able to continue to live in her small rural home (which is paid for and in Oklahoma) without the worry that his adult children will somehow talk him out of the property. I do not want or need the property but I too share her concern. Is there a way that she can pass the ownership to him but have some type of clause that requires my signature if he should decide to try and sell the property after her death. It's the only place he would have to live unless he was to move in with me (in Texas) and that's probably not something he would choose to do if he had other options (simply because he likes it there)...
Submitted: 10 months ago.
Category: Family Law
Expert:  Chris T., JD replied 10 months ago.

Chris T., JD :

Good afternoon. I'll be glad to assist you with your question.

Customer:

Hi Chris...

Chris T., JD :

Is your mother his guardian? Is he able to make his own decisions regarding his finances now?

Customer:

Yes she is...

Chris T., JD :

If she passes, will you be his legal guardian?

Customer:

Yes he can... She's trying to teach him how to manage his money... But she has been the one to keep him on track...

Customer:

Probably... There's no one else and I don't mind...

Customer:

I'm in Houston and they are in Broken Bow Oklahoma

Chris T., JD :

If you have a legal guardianship over him, he will not have the legal capacity to enter into a contract. As such, he will not be able to sell the home without the signature of his guardian; you.

Chris T., JD :

If he were to try to sell it with you as his guardian, the contract would be null and void because he doesn't have the power to contract.

Customer:

Okay, that would make sure he had a place to live and that's her worry... Then it only comes down to if he can manage his disability income to meet his daily needs...

Customer:

So, she could leave the property to him but we would need to make me his legal guardian? It still belongs to him he just can't sell it without my okay?

Chris T., JD :

Yes, that is correct. Since a person that has a guardianship taken out over them because of a permenant disability does not have the ability to enter into a contract, he would not be able to sell it without his guardian's signature. Think of it as you would a minor child. You could leave a minor child property, but they can't sell it without their parent's signature.

Customer:

Oh, okay... She was looking at things like deeds of trust and stuff like that and really it's a simple issue of the guardianship... Can she make me a guardian now to go into effect upon her passing?

Chris T., JD :

Yes, but the court will still have to approve you as the guardian when she passes.

Customer:

Okay... So, can one of his kids slide in and take the guardianship? That would be bad for him as they would just take whatever they could get and leave him to find a place to live...

Chris T., JD :

If your mother names you guardian and the court approves it, one of the children would have to have you removed as guardian, which is fairly difficult to do. They would have to show some sort of improper behavior on your part, i.e. theft, mismanaging his funds, etc.

Customer:

Ah, got it... I think you've answered my question and really appreciate you taking the time to do what you do...

Customer:

Yes.

Customer:

Ops, sorry that last yes was an error...

Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3765
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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