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One big problem in our lives is that my friend's recently widowed Dad is approaching dementia, and even without dementia is quite susceptible to any lady companionship and being taken to the cleaners by unscrupulous types. His mother had wanted the house to go to my friend so that he would stay and care for a disabled sibling who can't be named heir or she'd lose any state medical benefits she needs to live. question is, is being on the title enough to prevent that from happening, or does he have to actually take over ownership of the house. Legally he could be named as the partial or sole owner of the house, he has equity that has not been formally documented, and he is afraid he will lose all he has invested (sweat, improvements, caregiving) if his dad remarries. Complicated question, Not sure I've even given enough information for an answer. Let me know what you think.

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To answer your question, if the father added your friend to the title and the house were to be put in joint tenancy with right of surviourship, then the house could not be sold or transferred without the consent of both parties. With JTWROS, both parites own 100% and the house transfers to the surviving party upon death of the other owner. Tenancy in common is different and each owner has a defined percentage. However, be very careful before transferring the title without legal advice. It sounds as if the friend's father may need full time nursing care soon if he has dementia. If he needs Medicaid there is a 5 year look back period for any property transfers in most states and such a transfer would make him ineligible for Medicaid. He needs to consult with an experience Elder Law Attorney.
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If his name is on the mortgage then Dad can't sell the house without his consent..
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Title is the key. Ownership. That's why we are "entitled".
Make an appointment with an elder care attorney or real estate atty. They will check your records against the courthouse records. Records will show who has title and HOW........JTWROS or Tenancy in Common, Tenancy at Will..
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To be really sure, your friend needs to check with a lawyer. In some jurisdictions, marriage supersedes prior arrangements, even wills, and spouses have certain rights to the principal residence that cannot be waived under any circumstances.
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It sounds like the father and a daughter both need a guardian. Your friend should see an attorney, with dad if he is willing to discuss setting up a trust. The house could be put in the son's name listing both the father and disabled daughter as life tenants. If dad goes into a nursing home tomorrow, there will be a lien on the property, but the state will not evict the disabled daughter.
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In Illinois, a spouse is automatically entitled to 25% of the property with or without a deed. But in a case like this, it may HIS 25% and not yours. Check with a lawyer.
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Why worry about your friend's dad getting a new wife when he has dementia? Yes, men with dementia are susceptible to the charms of a woman, but he would have to be in that position first (where is he going to meet such a woman?), and if he has medical evidence he has dementia, no title company will allow him to sign papers.
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Elder Care lawyer with EXPERIENCE! Too much is at stake here to hope or guess.
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pstiegman - the son is the daughter's guardian, jointly with the Dad, and it is not yet time for the Dad to have a guardian. I love the idea of the house in the son's name with father and disabled daughter as tenants. How could we explain why we want to do that to the father.... "Hey dad, we are afraid you are going to get swindled?" That's a tough conversation to have. It's possible though. Thanks.
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swindled ass. if a female partner does dad right till the end i think she should be compensated in a division of property. caregiving for someone in their final months or years is worth some serious consideration in comparison to kids who might have hit and missed during dads lifetime.
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