Deed of Gift

[Fringetree]

Jurisdiction

Texas

My sister and I inherited our mother's home upon her death. Our brother was left out of her will due to being an active drug user and thief. Approximately 5 years after her death we established contact with our brother. He was drug free at the time. We moved him into the home in 2012 with the stipulation that he was responsible for the bills and property taxes. In 2013 we did a Deed of Gift to him again with the stipulation that he was responsible for the bills and property taxes. In December of 2015 he attempted suicide in the home. A mental health warrant was issued and served on him. He was in a halfway program for 3 months before he returned to the residence. He stayed clean until November of this year (2016). The money in an account to pay the taxes was withdrawn by him. He has "vanished" with his two dogs, some of his clothing and approximately $4,500.00. Four thousand of that was the property tax money.

Can we revoke the Deed of Gift due to his incapacity due to drug usage? We had to pay the property taxes in 2015 because he closed out a Certificate of Deposit that was set up to pay the taxes when it matured.

 

[adjusterjack]

Can we revoke the Deed of Gift

No.

Once you convey ownership by deed there is no take back.

You are stuck with him being owner.

You're also stuck with any loss of any money that you "gave" him.

You have three options that I can think of:

1 - Do nothing and he will always be an owner until he dies. If you were smart enough to make the three of you joint owners with right of survivorship, the two of you will inherit his interest. Any other type of ownership may entitle any spouse or children he might have at the time of his death.

2 - If and when contact is re-established you can see if he will quitclaim his ownership back to the two of you. Considering what a low life he is, he is likely to want money. How much it will take is anybody's guess.

3 - File a partition action (google it) in court. That will force the sale of the home and the proceeds will be divided among the three of you and you'll be done with him and the problem.

Bottom line, you aren't getting around the fact that he is 1/3 owner of the property.

 

[ElleMD]

If you gifted him the house and his name is now on the deed, it is his home. There are no take backs. It is unclear why you gave the home to him as opposed to allowing him to live there as a tenant.

 

[Fringetree]

No.

Once you convey ownership by deed there is no take back.

You are stuck with him being owner.

You're also stuck with any loss of any money that you "gave" him.

You have three options that I can think of:

1 - Do nothing and he will always be an owner until he dies. If you were smart enough to make the three of you joint owners with right of survivorship, the two of you will inherit his interest. Any other type of ownership may entitle any spouse or children he might have at the time of his death.

2 - If and when contact is re-established you can see if he will quitclaim his ownership back to the two of you. Considering what a low life he is, he is likely to want money. How much it will take is anybody's guess.

3 - File a partition action (google it) in court. That will force the sale of the home and the proceeds will be divided among the three of you and you'll be done with him and the problem.

Bottom line, you aren't getting around the fact that he is 1/3 owner of the property.

The house does not become his until we die. When we die he will receive 1/2 of the property as each of us dies. My sister and I do have Durable Power of Attorney and currently plan on selling the house ASAP. He finally made contact with us yesterday and is living with someone he knows in Houston and according to him he isn't ever going to come back because it's too boring, i.e. there aren't enough drug dealers so he can get a better price. My sister is going to take his bike, clothing and a couple of other things to him that he requested. It sounds like she needs to get him to sign a quit claim deed if he wants his stuff.

 

[ElleMD]

If the house isn't his until your passing, he has no current claim to the home and you can sell it fee and clear. It is no different than selling something you intended to leave to someone in a will. While it is still yours, you may do with it as you please.

 

[army judge]

The way you describe your brother, OP, you and sister are likely to outlive him anyway.

If that had happened, this discussion would be unnecessary, or moot.

His lifestyle is far more risky than yours.