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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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