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Bill Attorney
Bill Attorney, Lawyer
Category: Legal
Satisfied Customers: 971
Experience:  Attorney
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I am 74 years old I own my own house free and clear a few

Customer Question

I am 74 years old I own my own house free and clear a few years ago I decided that I needed to have someone's name on my home in case I would have to go into a retirement home or nursing home I didn't want them to take my home away from me my son suggested that we put the my house and my daughter-in-law's name we all got along great I had no problem with that two years ago one of my sons passed away and my son and my daughter-in-law turned against everybody didn't want nothing to do with anybody hardly talk to me want nothing to do with me he was here on Christmas Eve about 10 minutes and I ask him about putting the house back in my name because I really would like to sell it and move someplace warm and he told me he wasn't up to him but it was up to Kim his wife and if she wanted to sell it back to me she could but she didn't have to I live in the state of Indiana and could you give me any advice on getting my home back please help me
JA: What state are you in? It matters because laws vary by location.
Customer: Indiana
JA: Has anything been filed or reported?
Customer: Do you mean have I filed anything no nothings been filed
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well I live in the house I did do the upkeep on the house I pay the taxes on the house I pay the association fees on the house I do everything the only reason her name was put on there at all was in case I would eventually have to go into a nursing home I didn't want them to take the house from me I left the house to all my kids I have a will made out I already have do you know arrangements made everything is done The only thing left is for me to show up and I'm not planning on doing that until I'm about 95 hopefully
JA: When we are ready I'll take you to the appropriate web page.
Customer: My son and daughter-in-law are barely talking to me haven't really figured that out why yet but I'm sure it has something to do with the death of one of my sons I had ask him on Christmas eve about my daughter-in-law selling the house back over to me and he said it was up to her that she didn't have to do that that was her house I don't know why anyone would ever do that I guess I just didn't know how they could say or do that to me
Submitted: 5 months ago.
Category: Legal
Expert:  Bill Attorney replied 5 months ago.

This is attorney Bill answering your Real Property legal question.

You indicated that you passed title of the house on to your daughter-in-law, how was the title transferred ?

Was there any coercion by family members ?

Who is currently on the deed ?

Did the daughter pay any money or anything else for the transfer ?

Do you have copy of the title transfer deed ?

Were you given a right to live there until the end ?

Thanks

Bill

Customer: replied 5 months ago.
We went to an attorney and the only money that was paid out was to have the papers filed no one in my family knew about it except for my son and daughter-in-law mice my son and daughter-in-law paid the filing fees yes I doit wasn't that way the only reason that I put it in her name was if something would do happen to me and I had to go into a nursing home the nursing home couldn't take my house and I know they do that I wanted that left to my kids
Expert:  Bill Attorney replied 5 months ago.

It may be possible to undue the transfer due to the laws of undue influence

"Undue influence is defined as “the exercise of sufficient control over the person, the validity of whose act is brought into question, to destroy his free agency and constrain him to do what he would not have done if such control had not been exercised.” Hamilton v. Hamilton, 858 N.E.2d 1032, 1037 (Ind.App.2006). "

Alternatively if no consideration or money was provided in the quit claim deed , the deed may be invalid; it should have also been recorded to be valid.

To assert undue influence you would need to file a civil action in equity requesting the court to restore your title.

You would bring the action in your county court: http://www.in.gov/judiciary/2808.htm

PLEASE REMEMBER TO RATE POSITIVELY BEFORE EXITING

THIS GIVES ME A CREDIT

THANKS

BILL

Customer: replied 5 months ago.
Could I get back with you in a week or so my finances right now are a little tight and yes I would like to talk to you on the phone would you like for me to call you back or do you want to call me my phone number is ***** 8666 thank you so much
Expert:  Bill Attorney replied 5 months ago.

That's no problem.

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THIS IS HOW I GET A CREDIT

THANKS

BILL

Customer: replied 5 months ago.
Very nice conversation he seems to know what he's talking about and it help me a lot
Expert:  Bill Attorney replied 5 months ago.

Yes, you can opt for the phone call offer anytime. Just let me know

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Thanks

Bill

Expert:  Bill Attorney replied 5 months ago.

This is attorney Bill following up on your question.

I answer your question a while back but you never followed through so is there anything else in relation to your question that remains ?

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OTHERWISE I DON’T RECEIVE THIS

Thanks

Bill