How to take son off deed house of a parent with dementia?

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Son came in from CA promise to care for her if she gave him the house when she dies. Made it 1 yr and has maxed all cards and made new ones that were maxed in 30 days took off got new car , went back to CA ..... all bills are here , set income .

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Maggie, I wasn't aware of those IL laws; I learned something new about credit card debt!
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Garden artist, great catch. I spoke from the perspective of an IL resident. State laws apply. Thank you for straightening it out.
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I also would appreciate some clarification, as Windy requests.

But, addressing only the deed issue and if I'm understanding correctly, this is how I see it:

1. The message and answers features don't seem to be enabled in your profile, so it's difficult without doing a more extensive search to get information on your background. I do remember your screen name though.

Your profile does state you're caring for a friend. Is this the friend who appears to have been exploited?

2. If so, what role are you playing for her? Do you have any POAs or authority to act on her behalf? I ask this because of your statement that you "need to get her son off the house it is fixed Who ever dies the other one gets the home quick claim and forget the other kids".

You also refer to the individual as "son", not your brother. This makes me wonder if you're a family member.

It's important to understand if you're a member of this family or an independent caregiver. It could make a difference in how the police perceive and respond to your allegations.

3. If you're a friend or caregiver, I think the family needs to be involved, ASAP. Beyond a compassionate concern, I'm not sure if you have any standing at all to become involved or take action, absent the requisite POAs.

4. If you're a family member, you have a different perspective in that yours and your sibling's potential inheritance has potentially been compromised.

5. You write that the parent has dementia. Did she have it, and was it diagnosed by a medical professional, at the time she executed the Quit Claim Deed?

If so, it's my understanding the deed might not be valid unless there were extenuating circumstances and someone with authority executed it on her behalf. Either way, I question whether the deed is in fact valid, but that doesn't mean that the "son" won't think it is, or that it won't cause problems after this woman's death.

6. Assuming an invalid deed was executed, you're getting into areas of possible coercion, fraud or attempted fraud, and possibly a clouded title. This is beyond anything I've been involved with, and you'll likely need legal counsel to determine how to reverse or invalidate the deed. This is also a law enforcement issue.

7. As to the credit cards, I'm confused how new ones could be obtained, if they were obtained in the parent's name. Again, if she was diagnosed as having dementia, and was tricked into ordering them, fraud is again an issue.

And who, if anyone, made payments on the cards during this year long period? You wrote "set income" - is that the parent or the son? Have any of the credit card accounts become delinquent, and have the credit card companies begun action, such as demands, threats of lawsuit?

8. Follow Maggie's advice and immediately place fraud alerts on this woman's credit files, IF you have her SS number and assuming you are a relative. Otherwise, even though it's necessary, I'm not sure you have the authority.

Typically calling one of the credit reporting agencies is enough; they notify the other 2 which will also place alerts. (I do this every 90 days to protect our credit and stop unwanted financial solicitations.)

I call Equifax (800-525-6285). In the past the other two have tried to charge to place fraud alerts; Equifax doesn't, or at least it didn't the last time I placed alerts.

Not to challenge Maggie as she has good advice, but I'm not sure the debt is extinguished when the woman passes, and I doubt this would happen if there in fact was fraud involved.

And in the meantime, the credit card companies could sue her.


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Protect the house. Do whatever you must to get that straightened out. Frankly, it may not be easy. Pay minimum payments on the credit cards if you can. That debt will disappear when mom passes.

If you don't have POA for mom, get that done. Put a credit lock on her credit reports so he can't CONTINUE the bleeding. If he signed mom's name to credit card purchases, or signed his own and wasn't authorized to do do, file a police report and see if you can prosecute him. If mom is able to "press charges" I doubt the credit card companies will hold her liable.

Do not delay.
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Can you show the police transaction records showing that the son has been stealing and taking financial advantage of this lady? What is your relationship with her?
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Senior Protective services is a joke !!!!! They are a bunch of over paid pencil pushers told me consolidate bills and do what I can...... I need to get her son off the house it is fixed Who ever dies the other one gets the home quick claim and forget the other kids
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It's not very clear exactly who has done what to who but it sounds as though this is some sort of theft, embezzlement or something, taking advantage of a dementia person. The police should be notified as well as senior protective services if applicable. More detailed info would be helpful.
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