Nursing home step-father won't sign release

[maril]

Texas Mother dies and leaves husband in texas nursing home . Son was joint owner of home with his mom. She remarried 3 years before her death and lived in the home. a few months before she died she seperated from her husband and he went to a nephews home and then to a nursing home. The title Company says the step-father will not sign and his daughter(who controls his estate) will not sign a release. He is unable to live in the home. Is there anything to be done?

[HomeGuru]

Time to get help from legal counsel.

[maril]

You must have an opinion. There is more. The son does not recall adding the moms name to the deed. A friend says she recalls the mom telling her that a nice lady at the courthouse helped her put the taxes in her name so they would be lower. Should the son hire an investigator also? What is the general rule for nursing home estranged husbands laying claim to property that is not connected to them? Should he take an offensive or defensive approach?

[HomeGuru]

You are correct. My initial response was my opinion.

[maril]

I suppose that is all the free advice you are going to give. I was hoping you would explain some law to me. Thanks and have a great day.

[maril]

Just got rest of sons story. Texas law says even if stepfather is in nursinghome and is unable to live in home he can rent the home and keep money as long as he lives and pays taxes. The son has been advised to offer 500.00 for signing a quickclaim deed since this is the fastest way to settle intime to close the sale of the house. Lawyer said this should at least cause the stepfather to let them know what he is expecting. Does this sound right? He did mention longer more drawn out choices. Also found out that daughter took over stepfathers assets when he went in the nursinghome so stepfather has no money. sad. Does the daughter have any rights in this situation?

I don't thik a quick claim need will do you any good now. Since the stepfather is in a nursing home and has no money more then likley the state will take the house to pay the nursing home. Also unless the daughter has power of attonery over him she cant sign the deed.

Andrew

[maril]

The house was never in the stepfathers name. The mother had it homsteaded but in both the son and mothers name. The taxes and insurance were paid from a joint account belonging to the son and mother. Do you think there is anyway to resolve this. The attorney says that even though the stepfather can't live in it he can collect any rents( of course the state will claim it). This makes it hard to cut a deal since he won't get the money. Also the son does not know if he should drop the home from homestead exemption?? What do you think?

[maril]

Drew 25, The mother also left a will leaving the home to the son.

Heres what I don't understand.
The title Company says the step-father will not sign.
Was he on the title or did the house automatically go to him when his wife died. I know some states have a law that if a spouse dies the other one can live there or as you said rent it out. Until they die. If the step dad is on the title and did sign it over it could still be took by the state. You just need to check the state law. I know some states have a certin period of time that the person has to sign the house over before they go in to the nursing home.
Im not sure about the homestead. I was looking at some Texas laws the other day and seen it but can't remember what it said. You might want to do a search on laws for your area. I uasually get pretty good info when I do law searches.