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  #1  
Old 08-28-2005, 08:32 PM
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Join Date: Aug 2005
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Estate in trouble, immediate assistance required


What is the name of your state?
North Carolina

My name is Nathan and I am 23 and I have an issue concerning my familys house and the problem I have. My father and mother split up when I was 16 and when she left she signed her part of the deed off to my father. My father has managed over the years to pay off the loan nearly to the last dollar but still has 4 years left. He has substanchaly degradeing health and has a record of several major heart attacks. Besides that hes mentally unstable really (hes loseing his mind) but in any case a few months ago he got into a fight with my uncle over something or another and got his shoulder injuried and has to have surgery. He says that if he does get surgery he will lose his job and to my knowlege of banks he will lose the house. I want to have myself put down as soon as possible as the main acquisitioner of the estate so in the even he does lose his job the bank can not forclose on us. I am more than willing to take over payments on the house but not without my name on the deed. that and the fact my father is too much of a stubborn man to just sign it over to protect the house. This is mainly due to the fact my father almost has a mindset on selling the house so he can move in with his mother (yes I know it sound weird but bare with me) but this would leave my younger brother and sister without anywhere to go. I however could move out and have been but moved back due to my fathers health and nearly inablity to take care of himself. I have 3 main issues here; due to my father's health he may die soon (he is in the hospital every winter due to serious flue) and he refuses to eat right he has a bad history of heart attack but will eat cheese nips with about a pound of salt (I AM NOT JOKEING! Nearly half the bowl is nothing but salt) but all in all its that mindset his mental sability is going further down the drain, and besides that the forclosure pressure. I could put him in a home or something along those lines but I don't want to goto those extreams but with all these issues something must be done and fast. Thanks for any assistance.
  #2  
Old 08-28-2005, 08:39 PM
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Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Quote:
Originally Posted by psycotic83
What is the name of your state?
North Carolina

My name is Nathan and I am 23 and I have an issue concerning my familys house and the problem I have. My father and mother split up when I was 16 and when she left she signed her part of the deed off to my father. My father has managed over the years to pay off the loan nearly to the last dollar but still has 4 years left. He has substanchaly degradeing health and has a record of several major heart attacks. Besides that hes mentally unstable really (hes loseing his mind) but in any case a few months ago he got into a fight with my uncle over something or another and got his shoulder injuried and has to have surgery. He says that if he does get surgery he will lose his job and to my knowlege of banks he will lose the house. I want to have myself put down as soon as possible as the main acquisitioner of the estate so in the even he does lose his job the bank can not forclose on us. I am more than willing to take over payments on the house but not without my name on the deed. that and the fact my father is too much of a stubborn man to just sign it over to protect the house. This is mainly due to the fact my father almost has a mindset on selling the house so he can move in with his mother (yes I know it sound weird but bare with me) but this would leave my younger brother and sister without anywhere to go. I however could move out and have been but moved back due to my fathers health and nearly inablity to take care of himself. I have 3 main issues here; due to my father's health he may die soon (he is in the hospital every winter due to serious flue) and he refuses to eat right he has a bad history of heart attack but will eat cheese nips with about a pound of salt (I AM NOT JOKEING! Nearly half the bowl is nothing but salt) but all in all its that mindset his mental sability is going further down the drain, and besides that the forclosure pressure. I could put him in a home or something along those lines but I don't want to goto those extreams but with all these issues something must be done and fast. Thanks for any assistance.
You can always purchase the home from him and give him a life estate but for your issues you really need to speak with a real estate attorney.

If his health and mental capacity is degrading to the point where he is incompetent, you need to be appointed his guardian which will give you the right to pay his bills and take care of other affairs.

if his mental capacity is not to that point yet, then a power of attorney would do until he's fit enough to take care of this himself.
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  #3  
Old 08-28-2005, 08:52 PM
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Join Date: Aug 2005
Posts: 2
Quote:
Originally Posted by BelizeBreeze
You can always purchase the home from him and give him a life estate but for your issues you really need to speak with a real estate attorney.

If his health and mental capacity is degrading to the point where he is incompetent, you need to be appointed his guardian which will give you the right to pay his bills and take care of other affairs.

if his mental capacity is not to that point yet, then a power of attorney would do until he's fit enough to take care of this himself.
I am not sure about the state laws and all and not to mention me being my fathers guardian sounds weird lol but how incopitant would he have to be to the point where he would be needing a guardian appointed? He is working and all but his mind is slipping. He forgets to pay bills, he is getting to the point where hes gonna be in diapers (sorry but true) and basically if it wasn't for my loveing wife helping out all the time the house would be a pig stye and he would have prolly starved a long time ago, or malnurished from eating frozen dinners and candy 24/7 other than what his own mother brings him.
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