Attorney Thomas B. Burton answers a reader question about whether her nephew can remove her sister's name from the title to a house via a Quit Claim deed without the sister's knowledge.
Transcript of Video: Can My Nephew Remove My Sister from
the Title of House via Quit Claim Deed?
Today's question comes from Milwaukee
Wisconsin and it's the following if my
sister and nephew and his wife help
with the purchase can they put their
names on her deed my sister got a
settlement and bought a house she asked
my nephew about buying a house because
he has liked a property and bought it
and she was short on money my nephew and
his wife borrowed her the money and told
her that their names were coming off
once she finished paying them back
she finished paying them but they never
took their name off the deed and now she
is mentally ill they removed her from
the property with a quitclaim deed can
they do that so a lot of things going on
here but in general if your sister's
name was on the title to the house on
the deed then your nephew should not be
able to remove her name without her
either signing a deed agreeing to remove
it for someone with a valid and
activated power of attorney signing on
her behalf if she really is mentally ill
it's possible that there was a guardian
appointed or she had her agent under
power of attorney acting for her so I
would check the deed and see who signed
it because once you're on a deed the
only one who can remove you would be
yourself if you own it in your
individual name or someone you named as
your agent or again if your sister was
mentally ill a guardian could possibly
do that if they were repaid but I would
look into this situation make sure no
one's taking advantage of your sister
due to her mental condition so great
question and thank you for asking.
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