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anonymous986888 Asked December 2019

My son gave my daughter & son in law $100,000 for their home as a gift to me. (They were buying new home.)

Son in law asked if he could keep house in his name for 2 years for tax purposes. But I would pay the taxes for the 2 yrs. I said ok. (I thought he is too kind to do wrong. After 2 years he would not put it in my name. Year in and year out I asked for the house in my name. He uses my house for tax credits and have small interest loans. I could never use the house for me to pay taxes and get a tax return. He has a $450,000 home and makes over $300,000. A year. I get $13,000. A year from widow benefits. (I'm 68). My daughter sends me vulgar text messages. My son- in -law told my son that he (son in law) is going to have me evicted. I'm in ill health (2 heart attacks, 4 back surgery) and went to doctors with chest pain. I explained all this to doctor & he had to give me medicine to calm me. He told me to block their email. Please help me with elder law.

pamzimmrrt Dec 2019
I am also confused as to how the gift to your Daughter and SIL was a gift TO you, from your own money? Or was it your son;s money as a gift to you for staying in the home? Did he give the money to you, and then you gave it to them? Or did he just give the money to them with the assumption that they would do right by you? I would get your son on board with this and find out it went down.

GardenArtist Dec 2019
This is a complex situation, and at this time, before figuring it all out, my observation is that SIL is apparently using tax credits (either at a state level, or before the last tax law implementation) for possible deductions on his federal tax return.

If you're actually paying the taxes, his claim of having paid taxes and being entitled to tax relief b/c of that is fraudulent.    Is he's saved on income tax and/or gotten refunds on certain levels of property taxes (such as exists in Michigan), he's also committing fraud in purporting to claim he's entitled to this relief.

That a legal issue for the taxing authorities.

Another issue is the documentation of the purported $100K donation to SIL and daughter, for the purpose of benefitting you.    What documentation did your son create (hopefully through an attorney), for this transaction?

I would ask your son to get copies of deeds and any documentation, including his $100K "donation", and find yourself a good elder law attorney.

If you need help in how to select one, post again.   In the meantime, if your son is still on your side, have him research law firms in the area with elder law practices.    You need an attorney with real estate background just as much as you need an elder law attorney, so find a firm that has attorneys in both practice areas.

An attorney would likely order a title report, or a foreclosure report, to determine what liens might exist against the house, and who created those liens as well as who's responsible for them.   

I don't want to scare you, but I'd move pretty quickly on this.  

It's sad to learn how much you apparently have been exploited, so I hope you're able to get to an attorney quickly before tax authorities step in. 

You're still living in this house, right?  Are you still paying taxes?

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FloridaDD Dec 2019
I am trying to figure out what is going on.  Are you saying that the house you live in is not in your name, but you pay the taxes on it?  The taxes are likely less than what rent would be.  If you do not own the house, yes, they can evict you.   Please get on a wait list for senior housing.  If I did not understand the facts, please let me know

JoAnn29 Dec 2019
I agree, this is confusing but I may have figured it out.

The house was daughters and SILs. Your son gave them 100k to pay for it? So the house is yours. You got talked into allowing him to keep the house in his name for a tax break. You pay the taxes.

Where is your son in all this? I guess no agreement was written up? I hope your son has back up for that 100k.

I think I know why he wants to evict you, I don't think you get tax breaks on second homes any longer. What a B _ _ _ _ _ D! Where is your daughter in this?

You need a lawyer. Turning over the deed would have probably needed a lawyer anyway. Son needs to be involved with this. Don't wait.
anonymous986888 Dec 2019
Thank you. My son paid with a certified check with the bank. My daughter is with SIL. Sending me vulgar text. I'm beside myself with her actions. Just don't understand why? What have I done.
I did call an attorney but he said I have to wait till I get the eviction. Then come in.
PandabearAUS Dec 2019
And this is why you get everything in writing

gladimhere Dec 2019
Call the Elder Abuse hotline, the District Attorney, the Area Agency on Aging to see what help they may be able to provide. Sounds like financial exploitation.

And get yourself an attorney.
anonymous986888 Dec 2019
Thank you. I will.
AlvaDeer Dec 2019
You will need to go to an elder law attorney with whatever papers you have. I am sorry that I honestly don't get/don't understand what you describe has happened here. I am assuming that none of these people have POA from you? I am hoping that they do not. If they do that needs to be first step, removing the POA. If you require a fiduciary to help you manage your care then do that.
And get to an elder law attorney right away. As I said, I don't understand anything about what has happened here, and cannot untangle anything about son and son-in-law, and what they have done, nor why they have done it, nor who has power to UNdo it. If seriously bad decisions have been made here to the tune of 100,000 dollars, then there may be very little that can be done about it. As an old President said. Trust, but verify.

worriedinCali Dec 2019
You need to hire a lawyer. This isn’t a place to get legal advice. Only an attorney can help you here. Good luck!

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