Property deed question

S

stymie222

Guest
Jurisdiction
Alabama
My Mother gave me, my brother and my sister the deed to a house and property12 years ago.
I have been living in the home for the past 3 years , taking care of my 90 year old mother, all hours of the day and night.
She was placed in a nursing home because all of us, could no longer care for her. Especially my brother and I.
She wants to come home (as all do) and get a relative to stay with her 24 hours a day. I know this arraignment will not last long. Problem is, she wants me to now leave the home as it is only a 2 bedroom.
I am at a loss as what to do.
After all of the time elapsed, could she change the deed ?
Can she or my brother that has power of attorney, now force me out ?
 
A lot depends on what you mean by

stymie222 said:
gave me, my brother and my sister the deed to a house and property
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Did she sign a quitclaim deed transferring ownership of the property to you and your siblings?

Was the deed recorded at the county recorder?

In other words, do the county deed records show you and your siblings as owners?

Answer those questions before we get to the others.
 
I'm guessing mother said, "I'm getting older, and I'm not well. I'm putting all of you, Tony, Boney, and Joanie on the deed with me."
 
Yes, I had requested a copy of the deed at the courthouse and have a copy. It was recorded.
The title is- Warranty Deed- With right of Survivor ship.
 
stymie222 said:
Yes, I had requested a copy of the deed at the courthouse and have a copy. It was recorded.
The title is- Warranty Deed- With right of Survivor ship.
Click to expand...

Easy answer, mate.
The house is mother's until she dies.
All of you own it together, with the survivors inheriting the home upon the death of one of you.
 
When my father died she acquired the property. Leaving her "The right of survivor ship" recorded in the deed book. She then signed the deed over to us. She did this in the event she would enter a nursing home preventing the seizure of the property to pay for her care. That time limit is 5 years.
 
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stymie222 said:
When my father died she acquired the property
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Doesn't matter HOW she got it, she owns it.
Sure, and she added you three (recently) to the deed with rights of survivorship.
All of you own it jointly, all four.
If one dies, the remaining THREE take all.
The next one dies, TWO take all.
The next one dies, last person standing gets the entire kit and caboodle.
 
army judge said:
Doesn't matter HOW she got it, she owns it.
Sure, and she added you three (recently) to the deed with rights of survivorship.
All of you own it jointly, all four.
If one dies, the remaining THREE take all.
The next one dies, TWO take all.
The next one dies, last person standing gets the entire kit and caboodle.
Click to expand...

Do I have any rights as far as staying there and not being forced out ?
 
It's not clear whether she "added" the three of you to the deed along with her or transferred the ownership of the property from her to the three of you.

You have a copy of the deed. Tell us what it says word for word (using fake names so as not to identify yourselves).

There's really only two choices.

Mom (grantor) conveys the property to grantees Huey, Dewey, and Louie as joint owners with right of survivorship.

Or

Mom (grantor) conveys the property to grantees Mom, Huey, Dewey, and Louie as joint owners with right of survivorship.

Which one corresponds to your warranty deed?
 
stymie222 said:
Do I have any rights as far as staying there and not being forced out ?
Click to expand...

It depends, but why would you wish to enforce any rights you might have without regard to an ailing (maybe dying) woman, your mother?

Ponder that for a moment, mate.

This is the woman who carried you to term, and could have aborted you as a fetus.

She gave you life.

Even the worse mother in the world is due more than a modicum of respect and kindness for bringing you to term and gifting you with life.
 
adjusterjack said:
It's not clear whether she "added" the three of you to the deed along with her or transferred the ownership of the property from her to the three of you.

You have a copy of the deed. Tell us what it says word for word (using fake names so as not to identify yourselves).

There's really only two choices.

Mom (grantor) conveys the property to grantees Huey, Dewey, and Louie as joint owners with right of survivorship.

Or

Mom (grantor) conveys the property to grantees Mom, Huey, Dewey, and Louie as joint owners with right of survivorship.

Which one corresponds to your warranty deed?
Click to expand...

Thank You. Is there a way to "private message" the information to you ?
 

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