Have a situation were an elderly with althimers was made to sign doc. to turn over her home. Then they took out and equity loan to pay for a franchise that went under. The mother of this grandaughter that did this has power of attoney, and did not know of this transaction. which means was done without the power of attoney of this elderly. Now the granddaughter want to take over home. and is demanding that her uncle that is now taking care of this elderly to move out. They now want to move in and send her to a nusing home. What do we need to do to stop this!!!This women lived here all her life, shes 87 years old, home that was left to her by her husband passed 14 years ago. was free and clear and paid off. THEY ARE DEMANDING HE LEAVES BY JULY 6TH OR THEY ARE PRESSING CHARGES FOR TRESSPASSING! PLEASE HELP!
State/Country relating to question: Texas
just trying to get legal advice!
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.Can you tell me, was the title to the home actually transferred? If so when was this done (how long ago)?And was it done with the same power of attorney?
5 years ago and don't really know if title was tranferred over!
Thank youOne more question please. You say "they are demanding they leave by 6 July"Can you tell me, is this the court demanding this, or the relative?
This demand is from the relitive saying they are going to do a court order demand! can they do this?
Thank youOK...lets start with some background informationThe ability to occupy a home comes primarily from the title. You mention that there may have been a transfer of title sometime in the past. The first thing you want to do is find out "who has title"That is actually very easy to do. You make a trip to the county recorders office. They will have a copy of the current deed to the home. That shows, according to the county, who has "ownership"It will also show who had it prior and how and when title transferred.You need to start there to see who has the right to occupy the home and how they got it.What you describe, it sure sounds like fraud. If there was fraud used to transfer title, that can be grounds to go back into court and ask the court to void the transfer...that would put title back into elderly person in question.You will need a lawyer to assist, but if you can show that the person who had the power of attorney violated their fiduciary duty, that can be grounds to change the title back.Now...you have a great question...can they "kick out" the elderly person now? Perhaps. They can not do this themselves. They have to go to court and convince the court to order an eviction. SO they will need to go to court, set a court date, give the elderly person notice of the hearing and then present the case to the judgeThis is where the lawyer comes in. If you can show that the transfer of title was done with fraud? That can be grounds to change the title backSO this person needs a good lawyer...one who understands Power of Attorney Fraud. You can find one herehttp://www.texasbar.com/AM/Template.cfm?Section=Do_You_Need_a_Lawyer_Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept or rate button, its the only way I get credit for my work.
Real Estate Law Expert
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