My 85 year old mom is in the process of selling her home. Twenty five years ago she did a quitclaim. She thought she was just signing a form so that her home would go to the three of us when she dies. Now she is ready to come live with me and her money is needed for Adult Day Care, doctors, etc. The two other daughters refuses to sign off at closing of the house because they want their third of the money. They have no plans of helping to take care of her. They said they will not sign off on the quitclaim without their share of the money. My mom is upset and needs her house sold because she needs medical help, someone to prepare her food, doctor’s appointments, etc. She will be living me so I will be her caretaker. How can we legally solve this problem. Thank you!!
ANSWER BY MARGARET CROSS-BELIVEAU:
I am so sorry to hear that the family is not cooperating. Unfortunately, once mom placed her home under names of others, she lost the rights to the proceeds. It is one of the reasons I try to steer my clients towards trusts rather than placing the children on deeds. You need to find an elder law attorney to review the deed. The attorney can also guide you to the Medicaid programs that for which mom qualifies.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The probate litigation attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.