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My dad had open heart surgery so he signed his house over to my sister and I. Two weeks after he had his surgery my mom passed unexpected. he was afraid something would happen to him so he signed his house over to us. now two years later he is doing fine. he wants his name back on the house I signed my portion back over but my sister refused to. please help she has tried to sell his house with him still living in it!

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Tiffany, there is just too much confusion on what exactly was done, what was signed, why the state would be involved in changing names... some of this just doesn't make sense. Sorry, but I can't really follow the chain of title.

As to your mother dying without a will, that's called intestacy. State law on intestacy would then be applied to determine who the heirs are. Your profile doesn't indicate what state you're in, or what state the property is in, so there's no way any one here could tell you who would inherit and what any children might be entitled to.

Sorry again.
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Usually a house is JTWS: Joint tenant with rights of survivorship. You have to read the deed. You really do need an attorney to sort this out.
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also my mom died and didn't have a Will. Do this automatically entitles the living children to her portion of the house or do it automatically go to my dad?
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Sounds like a Quit Claim deed. He will have to sue her to get it back.
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He asked me to go to his lawyer's office and sign the papers that's what I did I don't know what the legal name of he document was). The state has changed the owners name to me and my sister. The taxes info go to her house but he went downtown to check on it and that's how we found out. The house has been paid for in full for years now. The deeds is still in His name and my mom name, but on the tax assessor website my name and my sister name is listed. he pay the insurance and all the bills. Is their a law that will protect him because he signed these papers under stress thinking something was going to happen to him.
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You need to tell us exactly how the title was transferred - by warranty deed, quit claim deed, and the exact wording, such as to sister 1 and sister 2 as joint tenants with rights of survivorship, or as tenants in common, or whatever.

Also, how did you "sign" your portion "back over" Did you quit claim your interest to your father?

I had the impression though that your father has relinquished all title. Did he convey to the 3 of you jointly, i.e., does he still have an ownership interest?

Who pays the taxes? HO insurance? Mortgage payments?

I'm assuming if there was a mortgage that he didn't contact the lender to have your sister and you assume the mortgage and be responsible for it? I.e., was there ever an Assignment of Mortgage executed and recorded?
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Well she can't sell anything without his consent because he still legally owns half, right? She is just being a manipulative b*&%, make sure he sends her half the bills too!!
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