Legal Question in Wills and Trusts in Ohio
no gifting/lifetime estate
2 years ago some friends gave me their home in exchange for taking care of them for the rest of their life and letting them live in the home until they expire. This was all done by an attorney, a deed and new will was registered in the county courthouse, a IRS tax gift form was filed also.I am their POA. I pay all the taxes, utilities and etc. for them including car insurance and renters insurance along with home owners insurance for myself on the same residence. I do not live there, but am making plans to move in with this elderly couple whose health is deteroiating quickly. They have both signed everything over to me because their children want nothing to do with them. NOW, one child, seems to be trying to butter up to them and has even visited them. This has not happened for a long time. Of course the elderly couple are glad to see the child. There are 2 more children to yet respond. They all know I have control of everything, but I am wondering since their parents are aging fast, can the children come into this home and take things or throw their weight around? I personally have had no words with any of them, but I have heard phone calls which were X-rated to say the least. Can the children take this home from me legally?
1 Answer from Attorneys
Re: no gifting/lifetime estate
The children would have to show the parents were not competent to make a gift at the time the house was put in your name, or that they acted under duress. Otherwise, the transfer stands.
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