my dad put my name on deed to house now siblings want the house

been about 4 to 5 yrs ago my dad put my name on deed to house. he now has dementia and the siblings are trying to take the house. Not sure how this is handled or what my legal rights are to the house.

Asked on May 29, 2017 under Estate Planning, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF your father was mentally competent when he did this, your siblings would generally have no right to take your share or interest of the home. (If he was no mentally competent when he did this, or if you coerced or tricked him into doing this, or if you forged, etc. the deed, then your siblings--if they can show one of these things by sufficient proof in court--could void, or undo, the transaction.)
Assuming that the transfer was valid--none of the issues mentioned above existed--then a key issue becomes are you and your father joint tenants or tenants in common of the property? That can determine whether you have an interest in the whole property (and whether, on your father's death, it all becomes yours) or whether you basically have a half share (and the other half may go to someone else on your father's death).
Another key issue is, has your father been determined to be incompetent by a court of law and has a legal guardian been appointed? Or if not, did your father provide a power of attorney to one of your siblings? If there is a legal guardian or "attorney-in-fact" appointed by a POA, that person may be able to force a sale of the home to pay for your father's care, if such can be shown to be in your father's best interest--but could not take the home for anyone else's benefit. If this occured and you are validly on the deed, you will get a share of the proceeds.
A third issue is, is your father in a nursing home or similar facility and, if so, is it being paid for by Medicaid? If so, then it's possible the  government can, depending on how long ago the transfer was before Medicaid started paying for your father's care, undo the transaction and take the home.
With so many issues, you are advised to consult in detail with an attorney.


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