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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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This seems to be a complicated question. In 1994 I signed a

Customer Question

This seems to be a complicated question. In 1994 I signed a promissory note along with my 71+ year old mother for a house in Wyoming with USDA. I am not on the deed or mortgage. Fast forward to 2011. She has sever heart problems and has been in and out of the hospital. She has remarried in 2011 to a man that is currently 76. She is now 93. He has a very shady reputation and is considered a predator by the local police department. Since their marriage my mother has severely declined in health. Come to find out he has denied her medication and proper care. She was admitted to the hospital suffering malnutrition, lack of her medications and basically on her death bed. My younger sister had been given power of attorney years ago. The doctors declared her incompetent. Her husband stated they can't afford her medications which is a lie since we found out that they receive $2700 a month in retirement but he has taken over her finances and spends money on other things. To date my sisters and I have filed charges of elder abuse and fraud against him and is under investigation. He has stated many times to us girls that he will not provide her with an ambulance or medical care if she has future problems or pay any of her bills. He has his sights on getting control of the house, selling it out from under her and running with the money that we were counting on for her care when she could no longer care for herself. Wyoming considers the property that a person has at the time of marriage theirs as if they were single. In July of 2016 he filed a quitclaim deed to the property. We believe that he coerced her into doing this since she has been having trouble with taking care of her own affairs. There is more to this but my nagging question is if there is anyway that I can prevent him from taking any action to acquire her home? I have discussed this with USDA and they said I would be responsible for any missed payments. I don't have a problem with helping my mother I just don't want him to gain control of the house based on his previous comments about her bills and ruin my credit with a foreclosure. But he expects to take the house. He has already tried to get a reverse mortgage but since he doesn't have his name on the mortgage he can't do anything plus his credit is really bad. USDA also said I could assume the mortgage but I Wouldn't have any ownership rights. I guess what I am interested in doing is step in and protect my mothers rights. Do I have any course of action that I could take to tie it up at least until she passes so he can't strip her of her home and money? I know you will probably have more questions but this is just touching the surface of the problem.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 10 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 10 months ago.

Have you attempted to become the guardian or conservator of your Mother?

Guardianship is a court proceeding in which a person may be granted authority over an incapacitated person (the ward) to help care for the ward’s well-being and make decisions regarding the ward. Depending on the circumstances and the needs of the ward, the guardianship may give full (plenary) or limited authority over the ward and may be temporary or permanent. The guardianship should be designed to give the ward as much independence as possible, depending on the needs of the ward. You can become your Mother's guardian and make financial and health decisions for you. This could help you act on her behalf. You could actually have a right to sue the husband for fraud if the facts support it We can discuss more if you want to do so.

Expert:  Damien Bosco replied 10 months ago.

Hello Nickie: I am following up to see if you still need further help. If so, please let me know. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars so you can pay me for the service I provided to you. But if you still have some follow up questions, let me know. Best regards.