[hireman]

I don't even know where to start so I will explain from the beginning. About 13 years ago , I was in a bad marital situation and needed a place to live , so I purchased a house and financed it in my parents name for various reasons. Very shortly after that my mother became very ill with cancer and my sister , who lived very close to my parents ( I lived over 50 miles away) agreed to move in with my parents to help with my mother. She and her husband and son moved in. My parents house was paid for in cash so there was no debt on the home and they have lived there for this entire time expense free... my father retirment paid all the monthly bills. About 8 years ago my mother passed away and my sister continued to live with my father and after my mothers death he basically started to give up for lack of a better term. About that time , my sister called me and stated she needed to get a power of attorney to handle my fathers affairs, pay bills etc. I told her that I thought that was a good idea and she got the power of attorney. My house has remained in his name for all these years and for various reasons, I have been unable to get it financed into my name so I have basically been renting the home , getting none of the write-off on interest , taxes or anythig else. There is a current mortgage on this property( my house) in my fathers name. My father has recently passed away ( intestate, no will) and I have recently started to talk to my sister about settling my fathers affairs and found out she had quit claimed the deed to his house about the same time she received power of attorney ( owned free and clear with no debt) to herself and basically the only thing left in his estate according to her is my house which has a mortgage on it. My questions are , A. is this quit claim valid B. what implications does it have to his estate ? It seems to me very unfair that the major asset from my parents estate has been quit claimed to my sister without me even knowing for years that was done. It looks like my inheritance has been transferred to my sister through this quitclaim deed and my house ( and the debt) is the only thing left... any help would be greatly appreciated.

[ScottGem]

Legal maybe, If she had a full POA then yes, she had the legal right to sign over the house to her. Whether this was ehical and would stand up in a probate court is questionable.

But, to do anything about it would mean filing suit in probate court.

I would suggest to your sister, that she take a loan out against your father's home for half the home's value. And to give that money to you. I would then suggest you use it to pay off or down the debt on "your" home so you can refinance. Depending on how the deed for "your" house is recorded she may need to quit claim her share of it to you. If she refuses to do this, then you will have to take her to court.