I'm mom's POA and on quick claim and warranty deed. If she goes into a home can I stay in the house?

Follow
Share

I don't live with my mother ,I'm her POA, take care of her needs & on Quick Claim deed & warranty deed if she go 2 home can I stay in the house. I live in the house and pay the mortgage and can anyone else try to put claims on the house like an ex-husband or son who lives in another state?

My mother has been lonely since her brother died who she was his guardian and caretaker, after he died in 2007 she put my name on a quit claim deed and in 2011 a warranty deed (because she refinance) My brother has not been involved with my Mother's care but lately she kept bothering her sister-in-law and calling 911 (twice)so her sister-in law called him to come up from AR and do what I don't know but he keeps trying to get rid of the house and he came up with no money and has order a sports channel got her to buy his medicine she gave him 50.00 I know this because I pay her bills we have a joint bank account and I'm POA dose he have any recourse or better yet do I?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
2

Answers

Show:
I'm confused - who owns the house? Who's name is on the mortgage? How is the mortgage being paid? How does the annual assessor paperwork on the house read - like in what name is shown for the property?

If she did a QCD to you back in 2007 and it was properly recorded at the assessors office, then as of 2007 you should have been the owner of the property via the QCD. But if that was actually the case, she would not have been able to refinance the property in 2011 as she didn't own it.

So how is the property titled or owned?
Do you really own it OR could it be that she did the paperwork as a life estate with a QCD to you?
What does the warranty deed read for ownership?

As far as claims or liens, whether they can be done depends on state law and then if the claim or lein is valid. In some states (like TX) creditors - like credit card companies - cannot place a lein on a homestead but in other states they can. Whatever the case, it has to go through a specific legal process in order to be valid
Helpful Answer (0)
Report

I think it depends upon how the deed was executed. If this was done solely to hide the house as an asset, it may be included in the "lookback" process that Medicaid does. Unless the exhusband or brother had prior claims on the title to the house, a warranty deed generally grants you clear title. I'm not clear where your mom resides now...and why she keeps calling 911. Is she suffering from dementia? Is she getting proper care from doctors?
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.