Should I put my mom back on the deed to the home we had as joint tenants if there is a question as to whether or not I coerced her to sign it over to me?

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Should I put my mom back on the deed to the home we had as joint tenants if there is a question as to whether or not I coerced her to sign it over to me?

My mom and I are joint tenants on the deed to the home she and my dad (deceased) live in. She recently signed a quitclaim deed to me. My sister told Social Services that I made her sign and that she didn’t want to (my mom has early stages of dementia; I am her POA). I did not make my mom sign the deed. I took her to the courthouse and we signed together. Can my sister cause any legal problems for me? I don’t want to be in trouble for something if my mom tells my sister she doesn’t remember signing. I explained to Social Services after we signed because my mom is on Medicaid.

Asked on November 18, 2011 under Estate Planning, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your mother resides in the home that you recently received a quitclaim on where she and you were joint tenants, perhaps you might want to deed her a life estate in it to ease any claims of impropriety by you. I would also consult with a Wills and trust attorney as well.

If you are concerned about any possible fall back as to you regarding the quitclaim as to the title to the property that you received from your mother as a former joint tenant, you might consider disclaiming the transfer why the recording of a written disclaimer.

From a practical point of view, since you were on title to the property with your mother as a joint tenant, assuming she predeceases you, you would get the property as a matter of law. Personally, I would let the title remain in your name to the property given the Medicaid issue.


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