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My brother and I are RMDR's under my mothers name on her house... She has dementia and has been moved into an assisted living facility near me.. How can I remove my brother from her house deed? Or can I? I have caught him stealing from her and want his name removed immediately. Thank you
State/Country relating to Question: Ohio
Hello. Are you and your brother the only two heirs? Aside from the house, does your MOM have any other substantial assets?
Hi Mary, thanks for your help... Yes we are the only two heirs.. No on other subsantial assets.. I just moved my mom to an assisted living facility near me in Memphis Tn.. I have POA and Power of Health and she has a living will as well... I was also made executor of her will... My brother resided with her for a few months "free" and after moving her down to Tn I came up to get her house on the market and have an estate sale.. I have noticed and caught him stealiing monies and items from her.. He just moved to Florida yesterday leaving the property up to me to handle.. I just noticed however that the attorney that we hired here in Ohio made Steve and I RMDRs and I'd like to know if I can have him removed... Thank you..
are you still there?
Hi Lisa -- I have to be honest when I say this will be tough. You have your Mom's POA and could technically change her deed tomorrow if you choose to do so, but then you run the risk of your brother claiming that you did this as a self-serving act (it might even have been better if there were a few more kids, because if you came to the collective consensus that your brother needed to be removed, it would not be just you making that decision). You should probably go back to that attorney who originally set up deed and see what he has to say about the situation -- a call or office visit to assess yor current options in that department should not cost a lot of money. Ultimately, though, it may not make much of a difference because he is still an heir and you are going to sell the house, I assume, so in the end Steve will still be entitled to his half, and because you have the POA and control over everything there really is not going to be much he can do until you give him his portion of the estate, unless he sues the estate and you to try to recover something early. There really is no easy answer here. GOOD LUCK. Please press the GREEN ACCEPT BUTTON so that I will be paid for my time. THANK YOU!
Mary, I'm not sure if I made this clear but my mom is still alive so the funds from her house sale will be invested in an account for her to help pay for her "assisted living" facility, and prepay her funeral.. I just wanted to make sure that I could remove his name off of this so I could manage this all by myself.. He left the residence and signed paperwork that he left to go live his own life in Florida.. After the things I have discovered stollen and what I found on his moving truck, etc.. it's time to remove him from all of this... Again, I just wanted to make sure I could do this... Does he have to be here to sign off on paperwork? Will my mom have to sign any paperwork as well? Thanks.. Lisa
No -- he does not have to be there to sign off on anything because you have your mother's POA -- the deed states that it still belongs to your Mom with the two of you as remainders, correct? If you sell now, the deed must be signed by your MOM -- or her POA (you) to transfer to the new owner -- you do not have to have Steve's signature. So long as the money from the house is going in a trust to pay for her care and you document that carefully, there should be no trouble -- my concern was that Steve might crawl out of the woodwork later and try to say that there was something wrong with the transfer if any of the money from the sale directly benefits you (other than expenses that you can document and keep a log of). GOOD LUCK. Please press the GREEN ACCEPT BUTTON so I will be paid for my work. THANKS
That's what I wanted to hear... So with that, what do you think it would cost to remove his name from this document and have it re-filed with the state of Ohio.. I am definately going to keep great records once this house sells and where the monies go... I've got a finance guy telling me where to put some of the funds incase my mom gets worse, Medicade reviews the past 5 years ... Thank you soo much Mary for your help.. So in recap, I can go to an attorney and have just me put on there under moms name on the deed and then change the paperwork on the listing of the house correct? Thanks.. Lisa
Yes. However, you may just want to have it changed BACK to Mom's name period. Then you can sign for MOM with the POA to the new owner. After that is done, the listing change is not a problem. What you have here is a matter of preparing and filing a new deed on the property -- a matter of around $400- $500 depending upon recording fees at the deed registry. Go back to the first attorney and see if he will straighten it out for you for less -- but you may have to show any attorney that will handle this part that the money is going into an account for MOM's benefit -- not your benefit. No one wants Steve crawling out of the woodwork later and saying that this should not have been done (that would occur only if you didn't use the money for Mom).
Lawyer
13 years experience in general law: RE, Consumer Prot., Family, Wills & Estates, Emplymnt, Crim Law
Thank you so so much Mary for your help... I can sleep better tonight.. Thanks again!
Lisa
Good Luck.