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My mother doesn't read or write English. He told my mother that she needs to sign the property tax paper but in fact it was quitclaim deed. The house was under joint ownership my mother, brother and his wife.
It's possible to prove a real estate conveyance is invalid because of undue influence, duress, or fraud. But you'll need evidence. Talk with an Attorney in your State who knows the standards of proof. The Attorney will give you a realistic view of the case.
The courts won't give relief if the case is only a matter of your mom changing her mind. An example of that is in this AgingCare.com article: Exercise Caution when Considering a Life Estate Deed
Notary validates that the person signing the document is in fact the same individual indicated on the document "sign in" space. Usually they want to see current valid ID & there should be a state approved book that date, time & 1 or 2 line description of item is noted. Notary cant evaluate if document is "legal" or appropriate, etc but more that who signed is the person & signature matches.
Some states don't allow QCD, or any real property transfers to be done by just a notary. They have to have a more formal Deed of Trust, Muniment of Title or Act of Sale done.
Based on what things were like for DeepWater horizon - which had lots of vietnamese & Spanish speakers, all the forms that needed to be notarized were as documents identical in both languages. Stereo notarization. If not, no payout. Medicare & medicaid all have documents in several languages; your supposed to sign the one in your language too. I mention this cause if the QCD wasn't in your mom's language, I'd bet that going to be an issue you can use to get it invalidated. I'd include this in your complaint to the bank too.
Your mom can probably get it invalidated. But the bigger issue still remains...... Just what is your brother up too?? And is what he is doing at all in your moms favor? If he is thinking that somehow mom can move out of the house & into AL or NH with Medicaid paying for her stay that will be a problem. That QCD house will be considered gifting of $$$ by mom to bro. She will be ineligible for medicaid until 5 years has passed. 5 years = Summer 2022. That is a long l......o.....n....g time. If mom is youngish, healthy, this can make sense. But often done by kids who do not understand Medicaid rules & have gotten bad info and transfer house only to end up with a huge transfer penalty from medicaid. Plus a big bill from the NH as well. If this sounds like your brother, please do NOT do any of moms medicaid application or NH paperwork. Brother needs to own this clusterF.
Yes but just how to approach this - to me - kinda depends on what your brother planned on being the end game to warrant doing a QCD. So why a QCD to just him & why now?
Is mom going to need to apply for Medicaid soon? (so he thinks a QCD it "saves" house. LOL.) Has QCD actually been recorded at the courthouse? Was QCD drawn up by atty, witnessed, notarized? Is house owned outright (no mortgage)? Is bro DPOA?
Did she just quit claim her rights, or did she quit claim her rights to your brother?
Based on what you wrote, the transaction should be considered fraudulent. You'll need an attorney to straighten it out though. and you'll have to be able to prove that your brother "tricked" her.
Were you present when this took place? I.e., did you witness it? Was the Deed recorded?
S0 sorry this happened to your mother. A Notary public is supposed to make sure that the person signing knows what he or she is signing, he is in the wrong. I hope you can get this reversed.
The deed is recorded now. My mother signed it because she was told it's property tax paperwork and the notary public guy at the bank didn't ask or explained what that paperwork was about. I wasn't present or else i would have stopped it. My mother didn't intentionally quit claim her rights to my brother.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
The courts won't give relief if the case is only a matter of your mom changing her mind. An example of that is in this AgingCare.com article: Exercise Caution when Considering a Life Estate Deed
https://www.agingcare.com/articles/exercise-caution-when-considering-a-life-estate-deed-195161.htm
Some states don't allow QCD, or any real property transfers to be done by just a notary. They have to have a more formal Deed of Trust, Muniment of Title or Act of Sale done.
Based on what things were like for DeepWater horizon - which had lots of vietnamese & Spanish speakers, all the forms that needed to be notarized were as documents identical in both languages. Stereo notarization. If not, no payout. Medicare & medicaid all have documents in several languages; your supposed to sign the one in your language too. I mention this cause if the QCD wasn't in your mom's language, I'd bet that going to be an issue you can use to get it invalidated. I'd include this in your complaint to the bank too.
Your mom can probably get it invalidated. But the bigger issue still remains...... Just what is your brother up too?? And is what he is doing at all in your moms favor? If he is thinking that somehow mom can move out of the house & into AL or NH with Medicaid paying for her stay that will be a problem. That QCD house will be considered gifting of $$$ by mom to bro. She will be ineligible for medicaid until 5 years has passed. 5 years = Summer 2022. That is a long l......o.....n....g time. If mom is youngish, healthy, this can make sense. But often done by kids who do not understand Medicaid rules & have gotten bad info and transfer house only to end up with a huge transfer penalty from medicaid. Plus a big bill from the NH as well. If this sounds like your brother, please do NOT do any of moms medicaid application or NH paperwork. Brother needs to own this clusterF.
Is mom going to need to apply for Medicaid soon? (so he thinks a QCD it "saves" house. LOL.)
Has QCD actually been recorded at the courthouse? Was QCD drawn up by atty, witnessed, notarized?
Is house owned outright (no mortgage)? Is bro DPOA?
Based on what you wrote, the transaction should be considered fraudulent. You'll need an attorney to straighten it out though. and you'll have to be able to prove that your brother "tricked" her.
Were you present when this took place? I.e., did you witness it? Was the Deed recorded?
Find an eldercare attorney who will do a free initial consultation.
I wasn't present or else i would have stopped it. My mother didn't intentionally quit claim her rights to my brother.