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houston1970 Asked February 2018

My boyfriend has POA on his dementia stricken mom and has his name on the title to the house, but has two siblings, should there be a will?

She lives in her home with us and we are the care givers, but is that enough protection to keep us out of court when she passes?

JoAnn29 Feb 2018
There can be no will if she has Dementia. If he is on the deed and has been filed with the County then I would assume the house is his upon death, like with a husband and wife. But then, the siblings maybe able to contest her half. Leaving it to him may have been better.

igloo572 Feb 2018
A will can clarify to whomever any of her assets goes to as a part of her “estate”.

To me, the ? is IS house her asset?? 
So is home entirely in his name??
& all property records show only his ownership, like tax assessor bill, insurance on property, utilities, etc? Transfer was filed at Harris county courthouse? All filed correctly so House is fully legally only in his name?

If not, She can look into doing a TOD - transfer on death Deed - or do a Lady Bird Deed - enhanced benefit Deed - to get property moved entirely into his name if that’s what she wants to do. She needs a TX atty do draw either up & hopefully she can be viewed as competent & cognitive enough for this or a will.

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