Q: Can my Dad transfer his part of a deed as joint tenants with right to survivorship to my sister without my consent?
In 2012 my parents added me to their deed. I am the oldest of their 4 children. I was added as joint tenant with the right to survivorship. My Mom died in September of that year leaving my father and I as joint tenants. On February of 2017 my Dad gave my sister his portion of the undivided interest and a new deed was created. Currently her and I are joint tenants with the right of survivorship. My concerns are my father did this without my consent and I did not find out that it took place until August. My sister is in active drug addiction and it is apparent she took advantage of my 82 year old father. She has lots of legal problems including drug charges, assault and theft. The property still have a large mortgage left to be paid off and she is in no position to pay. She is court ordered to pay thousands. (credit card, hospital)
Is there anything that was done that was not done legal on their behalf or is there any way I can get this new deed reversed or her removed?
A:
Yes, one co-owner can unilaterally transfer their interest in the property to someone else not on the deed, although such an act severs any joint tenancy (meaning that the survivorship provisions no longer apply).
Generally people can give property away to whomever they wish, regardless of how wise the decision may be. The law does not usually step in to second-guess the prudence of the decision to give away an interest in property and in most cases the courts will not "reverse" a deed or "remove" as owner a family member who received an interest in property from a relative.
In certain circumstances the courts may find undue influence or a constructive trust that operates to change the impact of a deed or other legal document. Such determinations depend heavily on the specific facts of a situation and you may wish to consult with an attorney who handles such cases if you have evidence that someone making a deed was either incompetent or subject to duress / undue influence when they signed title over.
While offering general legal information, this online post does not attempt to analyze the specific facts of your case or offer any legal advice. You're encouraged to seek legal advice if you have any questions on the effect of a particular action / deed.
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