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Quit Clim Deeds/Rights to Survivorship

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Bobby2016

Junior Member
What is the name of your state (only U.S. law)? Florida

Good afternoon all and thanks in advance for any assistance. I am not sure which is the correct area to post this in, so please let me know if this forum topic is not appropriate and I will repost elsewhere.

Situation: Mother is elderly and a compulsive hoarder and gambler. She almost lost her home due to gambling but I was able to help her out. So as not to enable her behavior, I had her sign a quit claim deed which had a "rights of survivorship" clause attached. Essentially, she gets to remain on the premises as long as she is alive is the way I understand it. I have been working overseas for the last 12 years and the house needed roof repair and work back then. I have tried several time to have contractors go over and get estimates. Mom gets combative, difficult and chases them away. I am finally getting notices from the county code enforcement regarding the condition of the house. I am at a point where I cannot help mom anymore or she is going to bring me down with her. I have contacted Habitat for Humanity and I am considering seeing if the folks who coordinate the "Hoarders" TV program can help. I guess my questions are:

1. Has anyone else dealt with a difficult parent/relative such as this and if so, what else can I do?
2. Is there any way to get out from under a house you just don't want anymore, such as donating it to the state?

Thanks all, I don't know what else to do.

-Bobby
 


adjusterjack

Senior Member
I had her sign a quit claim deed which had a "rights of survivorship" clause attached. Essentially, she gets to remain on the premises as long as she is alive is the way I understand it.
Appears to be a life estate but without reading the dead it's unclear whether there is a life estate involved or whether the two of you became joint owners with right of survivorship and, unfortunately, you appear not to know what you did either.

1. Has anyone else dealt with a difficult parent/relative such as this and if so, what else can I do?
I'm sure that many people have had the same problem. Unfortunately, if you are not there to become her conservator and there are no nearby family members it's likely that she will become a ward of the state or county and a public fiduciary will be appointed to take control of her home and her assets and probably put her in an assisted living or care home where she can be tended to even against her will.

2. Is there any way to get out from under a house you just don't want anymore, such as donating it to the state?
If the answer to question 1 happens, you won't have to worry about that.

If not, why donate something to the state that worth something. Even a distressed property is worth money to somebody and you'll need to sell it anyway to finance her care.

First thing you need to do is figure out what to do about her before it's out of your hands.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Florida

Good afternoon all and thanks in advance for any assistance. I am not sure which is the correct area to post this in, so please let me know if this forum topic is not appropriate and I will repost elsewhere.

Situation: Mother is elderly and a compulsive hoarder and gambler. She almost lost her home due to gambling but I was able to help her out. So as not to enable her behavior, I had her sign a quit claim deed which had a "rights of survivorship" clause attached. Essentially, she gets to remain on the premises as long as she is alive is the way I understand it. I have been working overseas for the last 12 years and the house needed roof repair and work back then. I have tried several time to have contractors go over and get estimates. Mom gets combative, difficult and chases them away. I am finally getting notices from the county code enforcement regarding the condition of the house. I am at a point where I cannot help mom anymore or she is going to bring me down with her. I have contacted Habitat for Humanity and I am considering seeing if the folks who coordinate the "Hoarders" TV program can help. I guess my questions are:

1. Has anyone else dealt with a difficult parent/relative such as this and if so, what else can I do?
2. Is there any way to get out from under a house you just don't want anymore, such as donating it to the state?

Thanks all, I don't know what else to do.

-Bobby
Personal opinion:

I see two choices. Either bring mom to live with you overseas, and hire someone to clean up her home and sell it, or take a leave of absence so that you can return to the US, put mom in assisted living, and deal with cleaning up and selling her home.
 

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