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keith99howard · Oct 22, 2012, 02:23 PM

My grand father died and the deed was transferred to my father and my uncle... My uncle was declared mentally unstable and my father became his "care-takeer"(can't think of the word) person who has authority to make decions for him... Now with that said here is the tricky part my father is now in jail... so we do not know what the process would be to transfer a deed... with all parties in agreement with transferring said deed... how and what can someone do in this situation?

AK lawyer · Oct 22, 2012, 04:31 PM

... My uncle was declared mentally unstable and my father became his "care-takeer"(can't think of the word) person who has authority to make decions for him...

Guardian? Conservator? Does your father have your uncle's durable power of attorney?

... my father is now in jail... so we do not know what the process would be to transfer a deed... with all parties in agreement with transferring said deed... how and what can someone do in this situation?

It's probably possible for your father to sign off on it even though he is in jail. If your father is a fiduciary for your uncle, it might not be proper to simply sign away your uncle's title. Why do you desire to "transfer the deed"?

keith99howard · Oct 22, 2012, 07:39 PM

I think he is his conservator. It is a joint tittle and my father has been maintaing the house for years now such as taxes - bills but the house is completely gutted unlivable and its been draining money for years... My father had hoped to fix it up one day but it might not be worth wild and something has to be done either selling it or fixing it... making it more complicated my father has a huge debt... so before any action can be taken on the property I want to know the process of changing the title to either his wife or myself.

ScottGem · Oct 23, 2012, 03:27 AM

If the ultimate goal is to sell the property, then sell it. Don't bother with an interim step of transferring ownership.

keith99howard · Oct 23, 2012, 06:12 AM

If it sold would I not have to transfer ownership to the new owner anyway? Second my father has a long complicated unpaid child support debt which I'm a little scared about in the event the house was sold... funny thing is I was the child. So what would be the interim steps?

ScottGem · Oct 23, 2012, 08:24 AM

Correct, your father has to either sign the deed to the new owner or he can give you a limited power of attorney to act in his behalf involving the sale of the property. By transferring title before the sale, you put a further cloud on the title that is unnecessary.

As to the child support debt, it is possible an attempt will be made to capture any profit due him from the sale to pay that debt. The arrears will go to whoever was your custodial parent or to the state if public assistance was given and needs to be reimbursed.