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Deed question, urgent please advise me.?
I have an old friend, he has no family, so I am taking care of him. Recently he gave me his house. He added me to the Deed of his home. We went to an attorney to make this legal process. That was 8 months ago. Now, the public court wants to remove me from his deed.
Can a judge order this?
Can a judge at a court force me to remove my name from the deed?
We live in Texas
9 Answers
- coraannLv 76 years agoFavorite Answer
Someone has made a complaint. Who have you told about it?
Do you live in his house? Are you paid a wage? This is what the court will look at.
This very thing happened to my grandfather. A woman from the same town known by everyone (whose
husband was away at war) gave up her home and moved in with my ailing grandfather, to look after him.
His available savings was eventually used up and he could no longer pay her. She agreed to remain without
pay if he would deed the house to her when he died. He agreed and it was done. Our family had no recourse
but to allow it to happen or pay her wages for too many years.
Source(s): Go to the court hearing. If possible,take the lawyer who drew up the deed. The court will respect the lawyer. Be able to prove everything you say. The court itself has no interest in this matter. Some other person has started all this. - uuchurchladyLv 76 years ago
There has to be a reason the court has gotten involved. Someone felt that this transfer of assets was not legal or there would be no court interest in you or your friend. Yes, a court can find that the transaction is not in the best interest of a vulnerable adult and remove your name from the deed. There is much more to this story than you are telling so no perfect answer for you.
- MaxiLv 76 years ago
The public court has no interest in removing you from his deed., unless it has been found to be fraud and/or if someone has made a complaint about you trying to influence this old friend when they are incapable of making decisions like this...then if it is found to be fraud or the complaint is correct then yes a judge can order it
- Anonymous6 years ago
They will only do this if they feel the transaction was conducted fraudulently or under duress of some kind. Since he has no family who would have challenged this, I'm wondering how the issue was raised.
However, they will only do this after at least one hearing so you should show up prepared to defend your position; don't just ignore it or they will remove you without your input.
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- babyboomer1001Lv 76 years ago
You have a choice. You can willingly do so or you can expect to be charged with Elder Abuse and Fraud. When you say "old" friend, I expect the person is old and somewhat feeble, perhaps not sound of mind. Yes, expect criminal charges to be laid against you if you do not agree to remove your name/sign a deed without your name on it. You should never have been a party to such a thing. If he wanted to leave you his house, he would simply do it without your knowledge.
Source(s): Certified Paralegal, with 25+ year's experience. - richard tLv 56 years ago
I am guessing the man might be on or soon to go on medicaid. If that is the case, medicaid will try to claw back any transfer of assets within the last five years. the toughest stance they might take is to deny him medicare because he gave away the house. Of course I am just guessing but you should be able to find out soon.
- RichardLv 76 years ago
Yes he can, if he believes that you exercised undue influence and the friend was not mentally competent to gift the house or did so under pressure.