My family has been living in my husband's grandmother's home. We have been making improvements as needed and also paying the mortgage for about 6 years. We have been living in the home for about 11 years. Recently, my husband's grandmother moved in with us and we would like to do a quit claim on the home. She has been diagnosed with Alzheimer's and would like to protect the only home we have from her son whom has it out for us. He has power of attorney-but she is the one that lives with us. We feed, clothe, and bathe her. He just picks her up for lunch while we are both at work. She is capable and still of sound mind. What can we do to prevent getting the son involved-because he would no sooner sell it out from under us. Then all 6 of us would be without a home. My dad whom is a commercial broker said to do a quit claim asap. Can there be any legal backlash on my part from the grandmother's son?? The grandmother is willing and able to do this for us. She still can make her own decisions. I just want to do this without causing a lot of waves that the son has already created.
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what are my rights
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seniorjudge
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My dad whom is a commercial broker said to do a quit claim asap.
Since grandma is incompetent, the only person who can sign that quit claim deed is the one with the power of attorney.
Since grandma is incompetent, the only person who can sign that quit claim deed is the one with the power of attorney.
seniorjudge
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Q: so basically because she has her son as power of attorney that thereby makes her incompetent??
A: No; what you said makes her incompetent (although your statements are contradictory).
If she has been diagnosed with Alzheimer's and you got a deed from her, you should expect a big fight with the other relatives.
Q: My only recourse would be to buy the house then??
A: That is for you, the POA, and grandma to decide.
A: No; what you said makes her incompetent (although your statements are contradictory).
If she has been diagnosed with Alzheimer's and you got a deed from her, you should expect a big fight with the other relatives.
Q: My only recourse would be to buy the house then??
A: That is for you, the POA, and grandma to decide.
She is in the early stages of alzheimers. I have nothing. I never really thought family would do that to one another-considering my family went through a similar situation and they didn't act like that. So it's basically up to the POA whether or not she signs the deed over to us, or sells the house to us, or puts our name on the mortage and deed. She has no say in anything? No input whatsoever?? He just sold her car because she wanted it out of our driveway-even though she had a verbal agreement with her great-grandaughter 2 years ago that she would be allowed to use it when she received her driver's license. Which she has been for 4 months up until he sold the car. So she "technically" still makes decisions. Yet when it comes to the house she is willing to have us be a part of it but all the paperwork has to be signed by the poa. Which he'll pull the not of sound mind act and won't sign a darn thing. So, basically her grandchild and his wife and her 4 great-grandchildren are out of a home. This is what it all boils down to. We end up looking like free-loaders even though we have made many improvements and have paid the mortgage for 6+ years. There are no legal ways around the POA even though the owner of the home is willing and able to have us on the deed. I am what they call out of luck.
seniorjudge
New Member
Q: So it's basically up to the POA whether or not she signs the deed over to us, or sells the house to us, or puts our name on the mortage and deed.
A: Yes, except for the mortgage. It would be up to a lender if he wanted to have y'all or me or the newspaper boy or the old guy down the street sign the promissory note and mortgage.
Q: She has no say in anything? No input whatsoever??
A: You are the one who said she had Alzheimer's and she is the one who gave the POA to uncle. I wouldn't have the slightest idea what power she's exercising; I don't know y'all.
I have seen (unfortunately) hundreds of these kinds of cases.
Folks start doing things with no written agreements and then wonder why they get messed over.
That's why I don't trust anyone...especially my family!:no:
A: Yes, except for the mortgage. It would be up to a lender if he wanted to have y'all or me or the newspaper boy or the old guy down the street sign the promissory note and mortgage.
Q: She has no say in anything? No input whatsoever??
A: You are the one who said she had Alzheimer's and she is the one who gave the POA to uncle. I wouldn't have the slightest idea what power she's exercising; I don't know y'all.
I have seen (unfortunately) hundreds of these kinds of cases.
Folks start doing things with no written agreements and then wonder why they get messed over.
That's why I don't trust anyone...especially my family!:no:
ehh
I asked her, I only found a letter from her old lawyer transferring her files to a new lawyer located here in town per request of her son. So I guess my answer is that he does have power of attorney by those actions. She can't remember if she signed anything. Could I contact her lawyer?? IF I ask is he at liberty to tell me?? Or will that info get passed on to her son saying that her grandaughter was asking if you had power of attorney. Just don't want to start anything or create anything. Just want to know where we stand with this house...I do not want my family put out on the street because her son is less than friendly.
I asked her, I only found a letter from her old lawyer transferring her files to a new lawyer located here in town per request of her son. So I guess my answer is that he does have power of attorney by those actions. She can't remember if she signed anything. Could I contact her lawyer?? IF I ask is he at liberty to tell me?? Or will that info get passed on to her son saying that her grandaughter was asking if you had power of attorney. Just don't want to start anything or create anything. Just want to know where we stand with this house...I do not want my family put out on the street because her son is less than friendly.
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