Her husband passed away 2 months ago and at the funeral home his daughter told my mom her father signed his half of the home over to her. I called the title company and they said my mom’s name isn’t even on the title any more. My mom has not been to a doctor for dementia but it is obvious to anyone who talks to her that she has very short term memory. I asked her if she signed any papers giving her home away and her response was no, why would I sign my house over to her, it is my house and I don’t even like her. His daughter also said her father wanted her to have their car so she went and took the car right after we left the funeral home. It was gone before we even got back to my mom's house. She also said her daddy told her she could have all of his belongings. A few months before he passed away, he called me and said he had my mom and his daughter sign papers for power of attorney over him. He also told me they had 11 thousand dollars at their house for both of their creamations and he said my mom spent it. Anyone who knows my mom knows this is a lie. My mom went nowhere without her husband, she doesn’t even drive to go anywhere. He had control over all the money they spent. I couldn’t even get her to go shopping with me, she always told me she had no money. I know he gave his daughter the 11 thousand dollars I just can’t prove it. It sickens me to know how much my mom loved and trusted her husband and for him to leave her with nothing. My mom would never sign her house over to her. I believe that they told her she was signing power of attorney papers over her husband and at that time they also had her sign over her house and didn’t tell her. Does anyone know if my mom has any rights to get her home back seeing she has dementia and didn’t know what she was signing. I think his daughter should be put in jail for taking advantage of an elderly woman with mental issues and taking (stealing) her home. Could anyone please help me?
2) Get a lawyer to fight this.
a) It may be easier to approach (right now with pandemic) temporarily that she cannot be evicted. Do not move your Mom out.
b) make a police report on the stolen car.
This happens all the time, where an adult child interjects themselves into a marriage "as if" the married couple are not a legal entity separate from whatever father/daughter or mother daughter relationship exists.
I have seen it happen, do not wait one New York minute for this criminal daughter to provide documentation or even an explanation. This is a legal battle. Neighborhood Attorneys will work for free if your Mom qualifies. Are you in a community property state?
So sorry that you are facing this with your Mom. Keep her in her home.
They will get involved and help you find the agency that can help you find an attorney to represent your mom and her interests, you have to tell them that you need names and contact information to the agencies that can help. They have all that available to them.
I would press charges, actually your mom has to, but don't let her be left out in the cold by this unscrupulous person.
The title company has the facts. They just told you the documents were 'given' to them on March 2nd. It is their job to search the title, to see who owns it, and who it is being transferred to.
This takes time, maybe in a 30-60-90 day ESCROW.
I found out once, that if an ESCROW Company receives differing instructions from the current owners, or those who have an interest
in the property, a delay will occur until the facts are checked and verified. So dispute the transfer and Title.
The Escrow Company and Title Company are different legal entities. And, if there is a loan company, you can put the cabash on that too.
Contact the Title Company, saying there is fraud. Do not wait.
Then put it in writing. have your Mom sign it, and hand deliver to the Title company.....and the Escrow Company, and the County Recorder's office, Or is it the DMV? Hand deliver. Don't wait for anyone to give you documents at this point. The papers have not likely been filed yet at the County Recorder's offices, (or the DMV), which may be closed.
Mom states she is the owner of the trailer, who's husband has died.
Okay, not the county recorder, but maybe the DMV in New York?
Does the trailer/mobilehome have a license plate on it somewhere? Get it! Look for the VIN number on the trailer. Usually found on the whatchamacallit (triangle metal base the home sits on-tongue?). Sheesh, sorry. Search where to find the VIN number:https://www.mobilehomesell.com/mobile-home-vin-number/
The daughter does not live there, does she?
This was a crime. Isthisrealyreal is right. Your mom's husband daughter took advantage of her dad and your mom.
You can go to the local government Register or Recorder of Deeds, whatever it's called in your county, and ask for copies of everything recorded since your parents bought the house. That's the best way to find out if and when any interests were extinguished and/or conveyed, even if it does go back several years.
2. You can also hire a real estate attorney, preferably one at a law firm that also handles estate planning, probate and fraud litigation. The attorney can review and analyze chain of title, assess who actually holds title now, and identify any potential suspicious or improper actions.
3. Does your mother have a CONFORMED copy of any Powers of Attorney or documents she may have signed? (Each copy would be signed, and "conformed" would be stamped on the front page.)
3. As to the car, I think you'd have to get the Secretary of State or whatever state division handles title transfer to provide a copy of the title as well as any transfer, and that would be hard now b/c of government closings. Michigan's SOS is closed for the most part.
4. If you can find documentation proving that your mother signed transfer papers, and if your mother can demonstrate that she's sufficiently cognizant of behavior and didn't understand (key word, dementia notwithstanding) what she was signing, the next step would probably be to locate an attorney who handles elder fraud.
However, I have the impression that she may have signed w/o understanding, due to dementia, so that could shift the issue to one of financial elder abuse, for which you'd need an attorney experienced in litigation in this area.
I do want to emphasize that legal documents aren't easy to understand, and it's possible that anyone could sign and really not understand the implications. So dementia isn't necessarily the critical factor although given the fact that there might be some short term memory problems, it probably would factor in any analysis. And I don't know what "proof" an attorney might require to evaluate whether or not to take a case based on lack of understanding vs. dementia impairment.
5. Has any Probate action been initiated, assuming your stepfather had a will, and that all assets weren't automatically inherited through already prepared documentation?
I'm sorry to learn to such complications arising so shortly after your stepfather's death. Please let us know what you discover after you've gotten the title work updated, and perhaps analyzed by an attorney.
In the meantime, I think I wouldn't have any verbal conversations with the daughter; communicate in writing so you can document everything.
But work on the first 2 items and see what you find out; it may be that your mother was tricked into signing and doesn't remember, or it may be that the daughter is lying and misrepresenting the situation.
So, first step is to find out and analyze what documentation you can to reveal what really happened. Then an attorney can help you assess what options might be appropriate.
Definitely get an attorney who specializes in elder law and elder financial abuse!
I wish you the best and hope you get a good outcome.
See All Answers