Dexter, MI Estate Planning Law Firms & Lawyers

You may not be able to do this. If your mother lacks capacity, no one has legal capacity to "change the name." If your mother signed a Power of Attorney and if it is in your mother's best interest to change title, then it is possible this can be done. Otherwise, the property will need to be probated upon her death. The State would have a potential claim for Medicaid reimbursement, if your mother is receiving Medicaid. You have a very complicated situation and you need to review this with an elder law attorney to determine what, if anything, can be done. Probate costs would generally be on the order of $5-6k.

Well, I guess a life estate is out of the question. I suppose you could try to put in language like, "Quit claim deed to aunt only and she covenants not to sell the property." Putting in a restriction to talk it over with you is just too complicated.

If you are unable to speak with your mother, you will need to file for conservatorship and guardianship of your mother. It is the only way to challenge what your brother is doing.