Sanford J. Mall, J.D., CELA, is the founder and senior partner of Mall Malisow & Cooney, PC, a holistic elder care and estate planning law firm. The firm is located in Farmington Hills, Michigan.
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Good morning. My sister has recently told me that there is not going to be as much money in my mother's estate as I thought and I have never said anything about it. Now my sister said she is going to sell mother's house and it was supposed to stay in family, it's an income property. My sister said that she has someone who will buy it. My name is on the deed. I think my niece and my sister think i forgot about signing the deed. My mother is not doing very good, does not remember and is failing. My sister is working on putting my mother in nursing home which she promised she would never do. I would like to be ready for anything that might happen.
1. If my sister asks me to sign the deed what should I do?
2. Should I sign my name if they don't ask me to sign deed, and take care of it when my mother passes away?
Sincerely,
H
Dear H:
Thank you for your thoughtful questions. The facts you provide raise a long list of additional concerns but I do not feel capable of answering your questions directly without more information. It sounds like there is more than one person on the deed - is this correct? Also, it sounds like your sister is telling you that money is needed to take care of your mother and selling the house may help provide extra funds needed - is that correct? Could your mother continue to be properly and safely cared for outside of a nursing facility? If so, where? How would that be paid for? Is your mother presently eligible for any type of public or private benefits such as long-term care insurance, veteran's aid & attendance, Medicaid? Does anyone have legal authority to act on your mother's behalf (legally, financially, medically) If necessary? All of these and more questions would have to be answered before good guidance could be provided.
My only general answer I can give you concerns your question about should you sign the deed if asked - and even here my answer is, get the advice of good counsel who represents your interests.
My recommendation is that you are prepared to answer the questions I noted above and for you to hire a qualified attorney to assist you directly with all the above issues.
Sorry I couldn't be of more help.
Sandy
Posted on: Jul 10, 2008
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