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-   -   How can I remove my sister's name from our property? (https://www.askmehelpdesk.com/showthread.php?t=789645)

  • Apr 14, 2014, 12:05 PM
    eljayne6
    How can I remove my sister's name from our property?
    My sister now has dementia. How can I remove her name from our property house and land deeds?
  • Apr 14, 2014, 12:53 PM
    AK lawyer
    Short answer: you can't.

    Why do you figure you need to?

    If she is indeed mentally incapacitated, and if she never wrote a will, when she dies the property will go to whoever the law in your jurisdiction provides will inherit under the intestacy ("no will") statutes (unless the state takes her share to reimburse whatever has been paid for Medicare costs).
  • Apr 14, 2014, 01:37 PM
    ScottGem
    Were you or someone given power of attorney for her? Or did a court appoint someone to oversee her affairs? Unless that happens, she iis not capable of signing any legal forms.

    As AK noted, why is this an important issue?
  • Apr 14, 2014, 03:14 PM
    tickle
    Although with dementia and not able to speak for herself, she is still part of the family unit and should be thought of as such and respected.
  • Apr 14, 2014, 04:12 PM
    dontknownuthin
    You can't just take someone's property because they are incapacitated. If you are her heir, it will go to you when she passes away. If you are not, you will have to wait until she passes and try to buy her share from her heirs, and refinance to get them off the paperwork or, if her heirs have power if attorney you may be able to buy out her share now if they are amenable .
  • Apr 14, 2014, 04:25 PM
    Fr_Chuck
    The court can appoint an attorney or other person to act on their behalf. But I doubt if anyone would view taking their ownership of property away, as a benefit. So most likley you would have to pay them for their share of the property.

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