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My step daughter took my deceased husbands name off the deed…

Customer Question
My step daughter took...

My step daughter took my deceased husbands name off the deed and added hers. I am the only beneficiary in the will. there are 6 remaindermen. The assessors office will not let me take her name off of my property. His will stated to give 6 children the property. 3 of his and 3 of mine. We were giving my daughter everything bc she has taken care of us since 20904. he died in 2014. she paid 250.00 pert week thru her caretaker services and we paid her 150.0 cash. We were paying her 400.00 per week for taking care of us. we have a ledger proving this. klWe know that we could not transefer befor due to the look back penalty with the VA and the Medicare. what can I do to insure that my daughter gets wha is reaslly hers?

Lawyer's Assistant: What documents or supporting evidence do you have?

We have a ledger in his handwriting(my husbands) where he paid my daughter 150 per week and another ledger where he paid my grandson 400 per week. agreemwnt that the remaining 250 of her money was to purchase the home.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, this caused my taxes to go from 95 per year to 3,000.00 per year. It also affects the look back penalty concerning the VA and medicare in case i need a nursing facility. I will have to pay out of pocket from the date the deed was changed to present. I don't have that.

Submitted: 1 month ago.Category: Estate Law
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Answered in 7 minutes by:
3/7/2018
Estate Lawyer: Olivia Kent, Attorney replied 1 month ago
Olivia Kent
Olivia Kent, Attorney
Category: Estate Law
Satisfied Customers: 2,900
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.

Give me just a moment to review what you've written.

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Estate Lawyer: Olivia Kent, Attorney replied 1 month ago

You stepdaughter cannot remove your husband's name off the deed without his consent. If she did that would be fraud and she can be criminally prosecuted for that.

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Customer reply replied 1 month ago
Can the step daughter add her name to the deed without my consent bc the court docs say that my husband
"sold" myself and my SD the home and property for zero dollars thru his will and added her name along with mine. i think that when i pass that means she is sole owner. is that true?The deed of distribution was to be transferred to the beneficiary which it says is me, the surviving spouse but instead the SD deeded it to herself and no other childrens names are ***** ***** they are the remeaindermen anyway. . I was already on the de3ed from the first day we bought the property in 1990.
Estate Lawyer: Olivia Kent, Attorney replied 1 month ago

Not necessarily... it depends upon how the two of you own the property. With certain types of ownership, if A and B own a property when A passes his property goes to his heirs (children, etc.) while with other types of ownership when A dies it goes to B. So it just depends upon how the property is owned.

But she cannot legally add herself to the deed if the property was deeded to you.

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Estate Lawyer: Olivia Kent, Attorney replied 1 month ago

Hello. Is there anything else I can answer for you?

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