Posted on: 04th Mar, 2009 10:20 am
can a husband in illinois use a quit claim deed to transfer property from his terminally ill wife's name without her knowledge? she lives in a nursing home. is this legal? apparently this would be done in order to avoid full disclosure to the state of illinois for monetary care for the wife's expenses in the nursing home. thank you
i'd have to say it's not at all legal, but that's merely my opinion.
Unless he has power of attorney over her then no, this is not legal. And if its a legit escrow/title company they WILL not do this.
did i miss something, ashley? was there a title company issue here? i kind of took it as an individual acting on his own - without a poa - and simply keeping the information from the ailing spouse.
anyway...good answer.
anyway...good answer.
The Quitclaim deed has to be recorded, and most people go through a title company to do so. You can't just go to a courthouse and say i want to put my name on this mortgage and take neighbor/wife/kids off. Or a lot of us would be either very rich or very screwed.
well a lot of us in march of 2009 are not very rich, so i guess we know that outcome.
if i was involved in a property transfer, i would do it myself, primarily because i know what i'm doing. we in connecticut don't use title companies for mundane things like that, but would use an attorney. and, of course, i'm not talking about a goofy transfer of title.
if i was involved in a property transfer, i would do it myself, primarily because i know what i'm doing. we in connecticut don't use title companies for mundane things like that, but would use an attorney. and, of course, i'm not talking about a goofy transfer of title.
He does have power of attorney.
He can do it, but it's a conflict of interest, so whomever approved this, i would find and see if they are credible.