Legal Question in Elder Law in Massachusetts

mental capacity

A sibling had my mother sign her house over to her. The house was in both parents' names. My father (who is still alive) never had a say. What are the ways she could have done this without my father's signature?

Thank you very much for any help.


Asked on 12/09/01, 2:59 pm

1 Answer from Attorneys
Harry Margolis Margolis & Bloom, LLP

Re: mental capacity

I assume your father is incapable of signing the deed. If so, and if he did not execute a durable power of attorney while competent, your family will have to seek guardianship and then the guardian will have to seek court permission to transfer the house.

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Answered on 12/10/01, 8:50 am


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