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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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My dad quit claim the deed to his house when he had mild cognitive

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My dad quit claim the deed to his house when he had mild cognitive impairment in November 2008. He was diagnosed with dementia in 2011, 2 years after I moved him to an Assisted Living. I never made money on the house because I had a sibling live there rent free with a verbal agreement he pays the property tax, home owners insurance and his own utility bills for 4 years now. I had to evict him because he became delinquent and stopped paying the bills and had the power, water and gas reconnected in his son's name. This sibling has been to 2 bankruptcies, a realtor/loan officer who tells the court that he has no money and it is only right that he stays in the house for free because it is our "ANCESTRAL" home (the house was built in 1983) and I am going to sell the house anyway.

My question is: Should I return the house to Dad since he quit claim it to me with mild cognitive impairment. My eviction lawyer says the house is mine and the sibling(s) passed out of time with the statute of limitation. But I am also the fiduciary!
Dear JACUSTOMER - There is no reason to re convey and I can't imagine any attorney would tell you to do so. I agree with your eviction lawyer that the house is yours and the only way that could change would be if your sibling had the wherewithal to file a legal action contesting the deed transfer. There would be the issue of the statute of limitations and since the dementia diagnosis was 3 years later than the transfer it would be difficult to prove your father's mental condition in 2008. Based on your facts it doesn't sound as though your sibling has the resources or the ability to go to court and the contention of the house being the "ancestral" home has no legal significance.
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