Survivor Deed

[StarTrek1701]

What is the name of your state (only U.S. law)? Ohio

My sister and I are listed on a survivor deed for a house our father owns. We have family members that are trying to take the house or invoke inheritance rights on the property. Our father has dementia. He no longer recognizes any of his children and is incapable of acting for himself.

QUESTION: Since, mentally, our father is no longer "there", can we execute the survivor deed and take full possession of the house by citing that (I know this is cold blooded, but...) our father's physical death is a formality and that his initial intentions should honored?

This situation is a mess. Any help will be appreciated.

 

[anteater]

My sister and I are listed on a survivor deed for a house our father owns.

I assume that you are referring to a transfer on death deed (?).

Our father has dementia. He no longer recognizes any of his children and is incapable of acting for himself.

Is anyone authorized to act as his agent under a power of attorney? Or been appointed as his guardian/conservator?

We have family members that are trying to take the house or invoke inheritance rights on the property.

"Trying to take the house"??? They can try to invoke anything they wish. If there is a valid transfer on death deed, the deed prevails. Which doesn't mean that can't try to have the deed invalidated when your father passes.

QUESTION: Since, mentally, our father is no longer "there", can we execute the survivor deed and take full possession of the house by citing that (I know this is cold blooded, but...) our father's physical death is a formality and that his initial intentions should honored?

Uh... no.