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My dad is 79 and wasn't in real good health a couple years ago. He already had 2 wills made out, 1 to his nieghbors the other one to his sister who tryed to put him in a nusing home and take his house. I started helping him out and would take him to his surgeries, I helped maintain his yard, I did a lot for him. He almost died in surgery and it was at this point when he got out of the hospital he had a quitclaim deed done giving the property to me when he died. He always said "Son the day I die, take it down to the courthouse and the house is yours". A couple friends of mine told me what are you crazy don't wait till he dies go turn that deed in now because if the neighbors or his sister present thier wills before I get to the courthouse I'll have a major mess to deal with,(he also made a will out to me, the latest).
So I did, I turned in the quitclaim, the property is mine now but dad still doesn't know about it and I don't have the heart to tell him. I am sincere in saying my dad will never go in a nursing home as long as I am around, I will take care of him. I feel like a snake in a way but on the other hand it could have turned into a big legal mess and at the time my dad, day to day, looked like he could die at any moment. The way I look at it is he wanted me to have it anyway and now nobody like his sister can have him put in a nursing home, he can die at home where he will be happy. What would you have done?
If you had waited till he passed then the quit claim would have been worthless as far as I know. Check with an attorney for a definite answer to that though.
As far as the rest , just let him know what you did, why you did it and assure him that as long as you are around he will never have to go to a nursing home.
If you are saying that your father has MULTIPLE wills this is an invitation for a court fight. If he further has give to you an ORAL promise that is UNWITNESSED you in a a very bad place as far as his "true wishes".
The fact that you have already taken title to his home (which I assume is his major asset) is going to put you in the 'crosshairs' of the neighbor and your aunt. Very bad. Prepare now or regret it later...
Nope, I wouldn't have even accepted the quitclaim deed for several reasons. First, your father shouldn't have executed a quitclaim deed. A deed reserving for himself a life estate would have been sufficient. Second, I believe you now have to claim the full amount of the value of the home towards taxes. (Nice gift, eh?) If you had waited until his death, you would only be faced with taxes on a "stepped up" basis. Third, if there are other potential heirs (it's not clear from your post) you may be in for a battle (undue influence, etc.) If there are no other heirs (forget the neighbor and sister) you can probably avoid a will contest. Of course, there are also potential legal issues. Finally, I would not have filed the quitclaim deed because your father clearly stated you were to wait until his death. Of course, you know when you did was wrong - or you wouldn't be posting this question AFTER you filed the deed without your father's knowledge. Please see an elder law attorney ASAP.
I'm not really worried about legal battles, the way I see it there is nothing to fight over now, it's in my name now and I have a will that supercedes all previous wills. I'm his stepson, he does have a real son and he was acknowledeged in the will for $100. There was no duress, it was all legal with witnesses, notories who read the entire document to him etc. I do feel a little underhanded but hey, I would walk in the door and hear reverse mortgage salesman calling him back on the answering machine so he was up to something behind my back as well.
I'm not really worried about legal battles, the way I see it there is nothing to fight over now, it's in my name now and I have a will that supercedes all previous wills. I'm his stepson, he does have a real son and he was acknowledeged in the will for $100. There was no duress, it was all legal with witnesses, notories who read the entire document to him etc. I do feel a little underhanded but hey, I would walk in the door and hear reverse mortgage salesman calling him back on the answering machine so he was up to something behind my back as well.
He was up to something behind your back with HIS house?
I'm not a big fan of reverse mortgages personally, but plenty of reasonable folks do choose to go that route.
He gave you the quitclaim deed with instructions to take it to the courthouse the day he died. While you might have had every legal right to do what you did, on a personal and moral level I think you were out of line.
The only justification I can imagine for what you did is that you feel your father is incapable of making his own legal/financial decisions; but you didn't say that, you just mentioned some health issues. If there are questions about his ability to act on his own behalf, you need to address that head on, not go behind his back.
My dad is 79 and wasn't in real good health a couple years ago. He already had 2 wills made out, 1 to his nieghbors the other one to his sister who tryed to put him in a nusing home and take his house. I started helping him out and would take him to his surgeries, I helped maintain his yard, I did a lot for him. He almost died in surgery and it was at this point when he got out of the hospital he had a quitclaim deed done giving the property to me when he died. He always said "Son the day I die, take it down to the courthouse and the house is yours". A couple friends of mine told me what are you crazy don't wait till he dies go turn that deed in now because if the neighbors or his sister present thier wills before I get to the courthouse I'll have a major mess to deal with,(he also made a will out to me, the latest).
So I did, I turned in the quitclaim, the property is mine now but dad still doesn't know about it and I don't have the heart to tell him. I am sincere in saying my dad will never go in a nursing home as long as I am around, I will take care of him. I feel like a snake in a way but on the other hand it could have turned into a big legal mess and at the time my dad, day to day, looked like he could die at any moment. The way I look at it is he wanted me to have it anyway and now nobody like his sister can have him put in a nursing home, he can die at home where he will be happy. What would you have done?
I would have done the same thing. It sounds like your dad might not even be in his right mind and as his son, you should be his heir, not his neighbor. Just keep it to yourself and don't worry about it anymore. Take good care of your dad.
I'm not really worried about legal battles, the way I see it there is nothing to fight over now, it's in my name now and I have a will that supercedes all previous wills. I'm his stepson, he does have a real son and he was acknowledeged in the will for $100. There was no duress, it was all legal with witnesses, notories who read the entire document to him etc. I do feel a little underhanded but hey, I would walk in the door and hear reverse mortgage salesman calling him back on the answering machine so he was up to something behind my back as well.
This changes everything. I thought you were his only child.
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