Follow
Share

Bear with me here... a little confusing and apologies in advance :)
Mom -- Bedridden, failing health, she has:
3 Children:
Child 1 has late stage dementia and was written out of the will for his own Medicaid purposes last year
Child 2 has POA over Child 1
Child 3 has POA over Mom
Child 1 is STILL DRIVING a vehicle titled in Mom's name. Child 2 refuses to take any action like taking keys away, reporting to BMV, changing the title, etc. to get the driving to stop.
Would Child 3 have a legit reason to transfer land/property into their own name (away from Mom's) in order to protect/save the property in case Child 1 hits and kills someone and they sue Mom to get the property? Child 2 & Child 3 are beneficiaries in the will and listed to "share and share alike" all property. Or, would this be considered self-dealing? If self dealing, is there another way to protect her property from the Child 1 with the late stage dementia? Child 3 does not want the vehicle titled in their name and even if Child 2 titles the vehicle in their name and allows Child 1 to continue to drive, the property still seems to be at risk because of Child 2 in the will. Advice? asking for a friend...

This question has been closed for answers. Ask a New Question.
Your friend needs to talk to a lawyer, preferably with his or her sibling. It's in both their interests to resolve this situation.

If 'Mom' can still make her own decisions, she can sell her car. Problem solved?
Helpful Answer (1)
Report

I don't know about self dealing. I think you need to ask a lawyer. It sounds to me like the third child is just trying to get more assets into their own name and using this as an excuse. A lawyer should be consulted so any aid to the mom won't be affected by the actions taken by Child 3. Good luck to them.
Helpful Answer (1)
Report

Thank you for responding. No unfortunately she can't make any decisions but has said early that she wants Child 1 to have the vehicle since he was written out of will on the property. Still curious if this is reason enough to change the deed to protect the property or would it be considered self-dealing by law.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter