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Grandmother's house in Dad's estate

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Janet Mac

Junior Member
What is the name of your state? New Jersey

My father passed away a month ago with out a will. My grandmother (his mother) and I went to see their attorney (my grandmother's and father's attorney) because he told us on the phone, that he had a will. When my Grandmother and I went to meet with the attorney we were informed he did not have a will.
He told my grandmother and myself, that my brother and I would inherit my father's estate. He also informed us that my Grandmother's house had been put in my father's name in 2004.
I expressed concern over that because my brother is a drug addict, and at the time, neither of us had any health insurance. (I do now, but my brother still doesn't).
The attorney wants my brother and I to sign a quick claim deed, to put the house back into my Grandmother's name.
We know that my Father had the house put in his name to protect it from nursing homes.
My Grandmother will be 90 years old in June. She suffers from loss of short term memory and is always thinking that my Dad (before his death), my self, or my 3 childern are going through her things and taking her things. (grandmother, dad (before death), myself, and my 3 grown kids ages 18 -21 all live together) She moves and hides things and does not remember doing it.
For example, 2 weeks after my Dad died she cleaned out his top dresser drawer. Now, she can't remember doing it and wants to know what I did with the contents of the drawer.

Later, after going through some of my Dad's things I also learned that he held Power of Attorney for my Grandmother. Which, was drawn up by the same attorney, and done at the same time Dad's name was put on the deed to the house. The attorney never informed me about the Power of Attorney.
My question is what is this attorney trying to pull? I can understand him not wanting my brother's name on the deed. I even suggested putting in my daughter's name. (One of my 3 children who my Grandmother is willing her estate to anyway).
Everyone know's that you want to get assets out of older peoples names. Even if not considering asset protection, wouldn't my childern, after my Grandmother passes be subject to taxes all over again?

Now I am scared to death of this attorney. I feel like I am being set up for someone to take control over my Grandmother. Be it one of my Dad's cousins, or the attorney his self. She is so unpredictable. One day she is sweet as pie, the next she is saying I stole everything out of her purse, and to get out of her house.
She doen't believe that I have any right to go through "her son's" things. Even after her attorney said I am the most likely canidate to be administrator of the estate. (she claims he never said that, but he did) Today she even ripped up several bags full of my dad's papers (most was junk, but not all)
I try to explain to her that if she keeps telling people this stuff, someone is liable to believe her. Maybe say I am unfit to care for her. Without me or my kids she could never stay in her home alone, and staying in her home is one of her main concerns.
I don't even know if my Grandmother is capable of signing legal documents, due to the fact that she already gave up power of attorney to my father. Also, I did take her to the Doctors, he sent her for a brain scan, but we have not gotten the results yet.

Should I stay clear of this attorney? Or could he just be looking out for my Grandmother?
I know she would have never signed her home over, so when this attorney and dad had her do it, I am sure she just thought it was part of her will, which she also signed on the same day.
I am afraid that if I take my name off that deed, that my kids and I could end up homeless and someone else could take control of all my grandmother's assets. I mean the one cousin, my Gandmother believes has been visiting her every week. In reality, I don't think she has been here 5 times in the last 20 years before my dad died. Now she comes all the time. This particular cousin already has an apartment built on to her hourse. It would be pretty easy for her to move my grandmother right in there.
The cousins even made an appointment to have my grandmother's safe opened on a day that they knew I had to work. Just by chance I called to make an appointment and found out an appointment was already scheduled. They claim it was done, because my grandmother asked them to do it. But why was I not informed? I have lived with her for the past 8 years. Also, it is my dad's things we are looking for.

I spoke with another attorney and he said, not to be signing any deeds until the estate is settled. He also, said I need to get Power of attorney for my grandmother. At the time I spoke with him, I did not even know that my father had already held power of attorney.

I called my grandmothers attorney back and told the secretary that my brother and I would not sign any quick claim deed. I asked if he could call me. I wanted to give him a chance to explain how putting the house back in grandmother's name could help our situation, but that was over a week ago and he has not returned my phone call.

Should I stay clear of this man? I know if I do not use him my grandmother is going to have a fit and accuse me of trying to steal everything. I feel as if any mistakes I make now could negatively affect my Grandmother, my kids, and myself.What is the name of your state?What is the name of your state?
 


nextwife

Senior Member
What is the name of your state? New Jersey

My father passed away a month ago with out a will. My grandmother (his mother) and I went to see their attorney (my grandmother's and father's attorney) because he told us on the phone, that he had a will. When my Grandmother and I went to meet with the attorney we were informed he did not have a will.
He told my grandmother and myself, that my brother and I would inherit my father's estate. He also informed us that my Grandmother's house had been put in my father's name in 2004.
I expressed concern over that because my brother is a drug addict, and at the time, neither of us had any health insurance. (I do now, but my brother still doesn't).
The attorney wants my brother and I to sign a quick claim deed, to put the house back into my Grandmother's name. ?
First, the house is in dad's name and it can't be deeded to anyone until intestate probate is
completed. Also, be very careful of getting brother's name on the title BECAUSE if there are judgements against him, they will attach to the real estate. If GRandmother is that elderly, and confused, I don't see where putting it in GRandma's name makes any sense at all at this point, because of potential nursing home expenses creating liens on the real esate.

Get a different attorney, perhaps an elder law, estate planning attorney. Consider a life estate for Grandma.
 
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