Tag: conservatorship
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Deed Theft News: Brooklyn Case Shows Why Facts Matter
It’s called deed theft, title fraud, house stealing, or title piracy. At its simplest, it involves the recording of a deed or other property document that appears to transfer ownership without the true owner’s permission. In some cases, criminals forge signatures, impersonate owners, or use false identities to record documents that appear valid on their…
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Mental Health in Question: Was the Deed Transfer Valid?
The farmhouse that inspired a 2013 horror film called The Conjuring has attracted visitors to Round Top Road in Burrillville, Rhode Island for years. Then, officials closed the site. There were concerns that the place had become a fire hazard, and the owner was acting strangely. Meanwhile, an actor decided to buy the famous house.…
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What If a Power of Attorney Fails to Maintain the Real Estate?
Linda lives in a memory care unit. Her former home, just a mile away, has been vacant for more than three years. Just before she moved to the assisted living site, she signed legal power over her affairs to her sister Gerry. Gerry lives out of state, and rarely has time to visit Linda. A…
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On the Deed: Mental Wellness and Capacity to Transfer Real Estate
Capacity to exercise the rights of a deed holder can mean different things for adult homeowners. Perhaps an owner is experiencing age-related cognitive decline. Or perhaps mental health issues are impacting the ability of a deed holder to make decisions with clarity of purpose. Let’s take a look at some common scenarios, and get to…
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Power of Attorney or Guardianship for Older Adults: Confront and Avert Misuse
When it’s apparent that a power of attorney is being improperly used, is there any recourse? Here, we explore this important question.
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Conservatorship? Guardianship? What Do They Mean for Senior Deed Transfers?
For a lifelong couple, the day comes when one partner starts to focus intently on the well-being of the other. Before then, it’s important for a couple to document their plans and wishes. But how will they transfer the jointly held deed to their home, when one of them loses the capacity to do so?…
