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My mom -to me- has dementia. No formal diagnosis. Lives on her own. No POA or anything that I am responsible for. She lives next door alone and "does not need a caregiver " (matter of opinion there). We own her home with a life estate reserved for her and she is demanding that we sign it over so she can sell and move. No problem except that she does not have a buyer yet nor does she have a place to go. I say that until those things are in place, I won't sign over deed...but I'm about ready to hand it over and let her cards where they may. She has threatened to sue me if I don't give it over immediately. I've never said she couldn't have it, just that certain criteria (like another home to live in) had to be met first. If I just hand it over regardless, can I be held liable for her safety?

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Thanks everyone. Will make appt with lawyer next week.
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If you deed the house back to her and she doesn't sell it and move, you are no worse off than you are now, right?

And if she sells it and moves, hooray, hooray!

I can't see how you would have any liability, but since it worries you, take Cat's advice and run it by a lawyer.
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By the way, she 's 86
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And we are making no profit at all on the house. All the money is hers and we're getting nothing (furniture etc) from the home.
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None as long as she moves. We live in a very small community. We were there 10 years before we invited her to come live near us (yeah, I know) . People see her as a sweet little lady and she is scandalizing our hard-earned good reputation with her lies and accusations. She plans to move near my sibling several hours away but the home sale there has not gone through.
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Take a moment and contact a "good" attorney to advise you of any tax or legal ramifications. It does not sound like you are making a profit on deeding the place back to her or taking on any responsibilities for her well being. Just make prudent inquiries and make sure all is recorded with the county you live in. I'm no expert, but this seems pretty straight forward. What concerns do you have about your situation in giving the home back to her?
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And by the way, DFCS AND IRS will know about the house returning to her name. I'll make SURE of it.
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She paid for the house and I have no problem at all with her having all the proceeds of the sale... and yes it was more thsn 5 years ago and she isn't evrn thinking about medicaid needs. (Tunnel vision..."I WANT WHAT I WANT) Honestly, she's been so hateful and demanding, I just want her gone so maybe I can get rid of my stress related GI problems and my husband and I can finally have a life. It's been 11 years. I just don't want it to legally come back and bite me.
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I would ask, who paid for the house? Was it hers and she deeded over and you gave her life estate. Or did you pay for it and give her life estate?

Basically is it her money or yours. If you paid for it you don't owe it to her. If she paid for it and signed over tobget pastbthe 5 year look back, then I think it would be up to her compency. No POA? You aren't liable. Sounds like a doctor and lawyer are in order. Of course how does life estate read. I gave my husband life estate in a home I raised my daughter in, we now rent it. If I die he can live there, use the income but when he passes it goes to her.
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Oh, not sure legally, but I don't see how you could be held liable.
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Would it help to assist her in finding another place to live, perhaps in an assisted living situation or senior community?
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