am seperated from wife and we own a house, and she is in hospice care, how do i sell

[elikahn]

What is the name of your state (only U.S. law)? california my mothers boyfriend for over 30 years now, owns a house with his legal wife, the house is paid off. his legal wife has alzheimers and is in hospice care. he wants to give the house to the people that are in charge of taking care of his legal wife, since she is no condition to make legal decisions, how does he do this? also a nephew of the legal wife recieved a notorized paper signed by his legal wife many years ago that if the house were sold the nephew would recieve part of the sale if the house were ever to be sold and as it turns out so did the renter living in the house , who is still living in the house in question. these papers signed by the wife and notorized are causing confusion to him. he has been paying the property taxes and insurance all these years , but is considering not paying anything and letting the state take it. what does anyone think he should do/

 

[Just Blue]

What is the name of your state (only U.S. law)? california my mothers boyfriend for over 30 years now, owns a house with his legal wife, the house is paid off. his legal wife has alzheimers and is in hospice care. he wants to give the house to the people that are in charge of taking care of his legal wife, since she is no condition to make legal decisions, how does he do this? also a nephew of the legal wife recieved a notorized paper signed by his legal wife many years ago that if the house were sold the nephew would recieve part of the sale if the house were ever to be sold and as it turns out so did the renter living in the house , who is still living in the house in question. these papers signed by the wife and notorized are causing confusion to him. he has been paying the property taxes and insurance all these years , but is considering not paying anything and letting the state take it. what does anyone think he should do/

I would advice your mothers boyfriend to consult with an attorney.

Why on Gods Green Earth you are post his stuff on the net is beyond me...but perhaps your sisters husband cousin-in-law thought is was a good idea.

 

[Silverplum]

Since there can be only one "legal wife," it's fine to just call her his WIFE.

I agree with Blue, all the way around.

 

[LdiJ]

What is the name of your state (only U.S. law)? california my mothers boyfriend for over 30 years now, owns a house with his legal wife, the house is paid off. his legal wife has alzheimers and is in hospice care. he wants to give the house to the people that are in charge of taking care of his legal wife, since she is no condition to make legal decisions, how does he do this? also a nephew of the legal wife recieved a notorized paper signed by his legal wife many years ago that if the house were sold the nephew would recieve part of the sale if the house were ever to be sold and as it turns out so did the renter living in the house , who is still living in the house in question. these papers signed by the wife and notorized are causing confusion to him. he has been paying the property taxes and insurance all these years , but is considering not paying anything and letting the state take it. what does anyone think he should do/

I agree that he probably needs an attorney. If the house is sold, then I would guess that the hospice would take the proceeds from the house to cover her hospice care (unless she is wealthy enough to be a private pay patient) so I do not see how the nephew or the renter could end up with any of the proceeds. However, again, he needs to consult an attorney...maybe even two. I would start with an attorney that specializes in estate planning.

 

[latigo]

What is the name of your state (only U.S. law)? california my mothers boyfriend for over 30 years now, owns a house with his legal wife, the house is paid off. his legal wife has alzheimers and is in hospice care. he wants to give the house to the people that are in charge of taking care of his legal wife, since she is no condition to make legal decisions, how does he do this? also a nephew of the legal wife recieved a notorized paper signed by his legal wife many years ago that if the house were sold the nephew would recieve part of the sale if the house were ever to be sold and as it turns out so did the renter living in the house , who is still living in the house in question. these papers signed by the wife and notorized are causing confusion to him. he has been paying the property taxes and insurance all these years , but is considering not paying anything and letting the state take it. what does anyone think he should do/

[SUP](Would a "legal wife" be the flip side of an "illegal wife"?) [/SUP]
____________

The husband can give away his half of the community owned house, but he cannot do anything with his "legal wife's" one half without her written, acknowledged consent, which (as you have noted) cannot be provided because of her mental state.

The only way any disposition can be made of her vested interest during her lifetime, would be through a conservatorship and the conservator providing adequate bond, periodic accounting, court approval of any disposition of the home, etc., etc.

Tell your mother's lover to ignore the "notarized paper". It has no legal significance whatsoever. It would not stand the test of an inter vivos transfer of ownership, nor a testamentary disposition of the woman's interest in the family home. Nor do the circumstances satisfy the required elements of an inter vivos gift. A promise to make a gift in the future has no legal force or effect.

 

[LdiJ]

[SUP](Would a "legal wife" be the flip side of an "illegal wife"?) [/SUP]
____________

The husband can give away his half of the community owned house, but he cannot do anything with his "legal wife's" one half without her written, acknowledged consent, which (as you have noted) cannot be provided because of her mental state.

The only way any disposition can be made of her vested interest during her lifetime, would be through a conservatorship and the conservator providing adequate bond, periodic accounting, court approval of any disposition of the home, etc., etc.

Tell your mother's lover to ignore the "notarized paper". It has no legal significance whatsoever. It would not stand the test of an inter vivos transfer of ownership, nor a testamentary disposition of the woman's interest in the family home. Nor do the circumstances satisfy the required elements of an inter vivos gift. A promise to make a gift in the future has no legal force or effect.

I do not disagree with any of this, but again, medicare/Medicaid rules are a major factor in this situation unless she is wealthy enough that she is private pay on the hospice. Please see an attorney that specializes in estate planning.

 

[FarmerJ]

? Were they legally separated or not? if they stayed married but just split up with out any sort of legal steps then wouldn't the home become his at her death ?