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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 39999
Experience:  30 years in civil, probate, real estate, elder law
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My niece had my 72 year old mother get her a 20,000.00 dollar

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My niece had my 72 year old mother get her a 20,000.00 dollar schorlarship loan, my niece already owes 14,000.00 to another college. My sister is worried that my momwont be able to pay back the loan and they will go after her home. What can we do?

Ray :

Hi and welcome to JA. My name is XXXXX XXXXX I will be assisting you this morning.

Ray :

If your mother here is competent then she has the right to sign the loan.If she is having competency issues then you could seek guardianship and return of funds.The guardian would have to sue the niece here if necessary to force return of funds.

Ray :

Connecticut here has limited homestead protection from creditors.

Customer:

how limite?

Ray :

It protects up to $75 in equity or value here.

Ray :

Thats $75k..

Customer:

sobasically there is nothing legally we can do to stop my niece?

Ray :

You may want to consider a guardianship if you want to challenge this.

Customer:

but my mom is stubborn butshe is competent

Ray :

Not if your mother is competent to make the loan.The problem here is mother has right to make a loan.You might want to get mother to deed you the property here while there are no liens.

Customer:

ok thanks

Ray :

This would be a means to avoid creditors.I appreciate the chance to help you.

Ray and 5 other Legal Specialists are ready to help you