[F]
Sister and Brother in law have had my Mother sign over her home to them under false pretenses. The home originally belonged to my grandmother - who in turn had my mother put on deed- (Never my Father - who solely supported this home for 53 years until his death last year), purposely so the home would stay with the family. When my Grandmother was dying in 1990 the same pattern was done - my mother put my sister on deed - Not her husband, with the same intent to keep home in family. Well my sister has time and again over extended herself financial and has used the home for consolidation after consolidation loans. When her credit was exhausted she turned to my mothers. Well through my sisters financial wizardry she purchased items on my mothers credit and had her file bankruptcy last year and told my mother she was signing loan documents to "PROTECT ", the house from creditors. Well needless to say that was not what the documents where they were a deed from a Title company. My mother has been taking a heavy narcotic pain killer for several years due to severe arthritis of the spine there is no way she could have comprehended these type of documents. She totally trusted that my sister was looking out for her best interest, but now understands the underhandedness done, but has no idea of how to rectify situation. What if anything can we do? We have funds to obtain a lawyer if need be but what kind of lawyer? How about any debt that is owed on the home? It was free and clear! Who will have to pay that? Please help we think my sister is about to try and sell home. Is there a place we can find out if there is a lien on home? Is it public record? My grandmother would roll over in her grave if she knew an outsider was on this deed. Thanks in advance for any advice.

If I understand the situation correctly, your sister's name was on the deed already, so she was going to get the house when your mom died, correct? So, it seems to me that you were going to run into this situation sooner or later. There doesn't seem like there would be anything that you could do to stop your sister from selling the house after mom died.

Unless this is seriously going to affect your mother (was this an asset that she was planning on using for financing her retirement, for example), I'd think long and hard about what you want to do here. For one thing, I don't think you will have much luck in court unless your mom is willing to admit that she is not capable of taking care of her finances, and needs a guardian. I am assuming that she is still on the drugs for the arthritis, and that means that someone else could get her to sign something. Plus, and this may just be from the way you summarized the situation, it does sound a bit like one sibling being jealous of the other one, and your sister may be able to play that card in court. So, the actions you take may tear your family apart forever. On the other hand, that may be what you need to do if your mom does need someone else watching out for her finances.

Quote:

---

Originally Posted by froggy7

If I understand the situation correctly, your sister's name was on the deed already, so she was going to get the house when your mom died, correct? So, it seems to me that you were going to run into this situation sooner or later. There doesn't seem like there would be anything that you could do to stop your sister from selling the house after mom died.

Unless this is seriously going to affect your mother (was this an asset that she was planning on using for financing her retirement, for example), I'd think long and hard about what you want to do here. For one thing, I don't think you will have much luck in court unless your mom is willing to admit that she is not capable of taking care of her finances, and needs a guardian. I am assuming that she is still on the drugs for the arthritis, and that means that someone else could get her to sign something. Plus, and this may just be from the way you summarized the situation, it does sound a bit like one sibling being jealous of the other one, and your sister may be able to play that card in court. So, the actions you take may tear your family apart forever. On the other hand, that may be what you need to do if your mom does need someone else watching out for her finances.

---

There are 4 other children and situation is exact opposite it is my sister and her husband trying to take control without the rest of us knowing. She is the only one who has not been financially responsible enough to get out on her own! She is 45 years old! She has been married for 17 years and could not save up a down payment for a home.