Nursing home step father will not sign resease

[maril]

A Texas son and his mother owned a house. It had belonged to the son and he added her name to deed so she could homestead it and pay lower taxes. at age 76 she married an 81 year old man from a nursinghome. He moved in with her. 3 years later they seperated. the man went to live with a nephew for a short time and then back to the nursinghome. The mother died a few months later. No divorce. 2 years have past and the son is in the process of selling the home. Title company is requesting a release. Nursinghome stepfather will not sign a release and neither will his daughter who controls his estate. the man is unable to live in the home. Is there anyway around this problem?

 

[maril]

NO reply after all this time? I have new info. Son does not remember putting mother on deed. A friend of the mothers said the mother told her that a nice lady at the courthouse helped her lower the taxes on the home by changing the deed. Is this possible???

 

[recycbride]

waiting for reply

Ohio: Maril help but reply when I saw your reply to yourself--I've been waiting for a reply to my question since last evening--They must be slow this weekend--hang in there

 

[ALawyer]

This is too localized and detailed/complicated to try to answer. I don't know what you mean by "putting her name on it" -- such as tenants in common or joint tenancy -- and it may well be that he has homestead rights. Putting someone's name on title has consequences and creates complications and has caused this problem. If you had inquired before doing the deed you may have avoided the problems you now face.

 

[maril]

You are right. Homestead rights is the problem. In Texas the nursinghome spouse can either live in the home for the rest of his life or rent it and keep the money as long as he pays the taxes. the son has been paying the taxes since the mother died(2years). When the stepfather went to the nursing home his daughter took over his assets. The attorney says the stepfather is sitting in the nursing home broke.sad. The sons lawyer told him to offer the stepfather a small amount to sign a quick claim deed just to find out what he expects. If this fails he also mentioned something to file showing the chain of ownership. does this sound right?