Will transferring my mom's home to my name help protect it from additional liens?

The first question that arises is were your brother and sister authorized to run up the charges on your mother's credit card? Were they co-signers? If they were not authorized See also:
With both parents in a nursing home and me with power of attorney, can I protect their savings and house? to use the credit cards for their own use, why did you not dispute the charges when you first became aware of them?

If you transferred the home at this point to avoid creditors you would be violating the laws pertaining to fraudulent transfers of property which could invalidate any transfer of the home done by you so that is not a viable option.

As the agent for your mother under her Durable Power of Attorney, I suggest that you take seek payment of the debts from your brother and sister.

I urge you to contact a lawyer experienced in creditor-debtor law to help you with this matter. You also should look into whether you have any protection of the value of the home through your state's Homestead laws. The Homestead laws vary widely from state to state, but may well provide some protection or, at least, some leverage with which to deal with the creditors.

Was this answer helpful?

Yes

No

Report Abuse

Yes

No

Report Abuse

Thank you for your help.

They were each listed as authorized users but were able to have the individual bills/statements sent to each of them.

This was prior to my being POA. My brother was POA during this time.

I only discovered this when I saw a judgement notice come to her house. I pulled her credit report and was horrified.

Unfortunately my brother is now deceased and my sister is not likely to repay any amounts on this debt.

I am doing my best to clean up this mess and protect her only remaining assest which her her home.

What type of attorney would you recommend. Elder law? Creditor?

Many thanks, weblore

Was this answer helpful?

Yes

No

Report Abuse

Yes

No

Report Abuse