mickeyluvr
Junior Member
What is the name of your state? California
Hello my question is about guardianship. My mother-in law who was partially paralyized but able to live on her own had several smaller stokes in 2000 and at that time needed care in her home. My Brother in law and his wife offered to move in with her (in her house) and help care for her.
They sold there mobile home and proceeded to move in with her. Approximately 2 weeks after moving in with her they determined that they couldn't take care of her and proceeded to put her in a convalescent hospital. She had a very small amount of savings and owned the home she lived in.
My husband and his brother went to see a lawyer about the home. At this time the lawyer said that she could not sign the home over to them since she was determined to be incapabile (Alzheimers/ Dementia) of making this decision. That the only thing that could be done was to make one of them her guardian to protect her assets. My husband told his brother that he could do what needed to be done and be the guardian since he was older.
We never pushed the fact that they lived in the house (rent free) since his mother was still alive. In approximately 2002 they started doing major renovations to the house we found this to be very unusual since they were always strapped for money. I told my husband there is no way they could get a loan on the house unless it was in there name. My husband then went to the county and checked the tax records and found that his brother and wife had transferred the house into there name.
Then in September of 2003 his mother some how broke her hip in the conv. hospital and was taken to the hospital. During surgey she had a another stroke and passed away.
After all the funeral arrangements had been made my husband asked his brother what they were going to do about the house. His brother stated that it was in his name that he had transferred it long ago for bills she had. Needless to say she had none and had $9000.00 in an account to pay for incedentials while in the conv hopspital.
His brother informs him that he will put him on the deed and when both he and his wife die he will get the house. (Is told his kids don't want it anyways) I tell him not to do it his brother has filed for bankruptcy protection 2x before and there was no way to know what he borrowed against the house.
Between Sept 2003 and Now he has borrowed 2x from there father ($6000.00) to keep it from going into forclosesure.
We just found out that he sold the house at the end of 2005 for $285,000.00 and have since moved back into a mobile home park about 3 months ago and have yet to pay back his father. This house was to be there inheritance from there mother is there anything legally that can be done.
Hello my question is about guardianship. My mother-in law who was partially paralyized but able to live on her own had several smaller stokes in 2000 and at that time needed care in her home. My Brother in law and his wife offered to move in with her (in her house) and help care for her.
They sold there mobile home and proceeded to move in with her. Approximately 2 weeks after moving in with her they determined that they couldn't take care of her and proceeded to put her in a convalescent hospital. She had a very small amount of savings and owned the home she lived in.
My husband and his brother went to see a lawyer about the home. At this time the lawyer said that she could not sign the home over to them since she was determined to be incapabile (Alzheimers/ Dementia) of making this decision. That the only thing that could be done was to make one of them her guardian to protect her assets. My husband told his brother that he could do what needed to be done and be the guardian since he was older.
We never pushed the fact that they lived in the house (rent free) since his mother was still alive. In approximately 2002 they started doing major renovations to the house we found this to be very unusual since they were always strapped for money. I told my husband there is no way they could get a loan on the house unless it was in there name. My husband then went to the county and checked the tax records and found that his brother and wife had transferred the house into there name.
Then in September of 2003 his mother some how broke her hip in the conv. hospital and was taken to the hospital. During surgey she had a another stroke and passed away.
After all the funeral arrangements had been made my husband asked his brother what they were going to do about the house. His brother stated that it was in his name that he had transferred it long ago for bills she had. Needless to say she had none and had $9000.00 in an account to pay for incedentials while in the conv hopspital.
His brother informs him that he will put him on the deed and when both he and his wife die he will get the house. (Is told his kids don't want it anyways) I tell him not to do it his brother has filed for bankruptcy protection 2x before and there was no way to know what he borrowed against the house.
Between Sept 2003 and Now he has borrowed 2x from there father ($6000.00) to keep it from going into forclosesure.
We just found out that he sold the house at the end of 2005 for $285,000.00 and have since moved back into a mobile home park about 3 months ago and have yet to pay back his father. This house was to be there inheritance from there mother is there anything legally that can be done.
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