My dad has this girl who is not biologically his child. He signed the birth certificate so she can get a disability check. She has POA over him. He and my mom have a home that my mom still lives in. We are concerned that she is trying to take ownership of the house after our father passed away. Will she own the house with our mother when he passes away?
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Biological or not your father obviously considers her to be his daughter emotionally and made that legal by declaring himself her father on the birth certificate, nothing changes that and nothing wrong with it, she is your half sister. Given that you and your mom don’t know her it sounds like your father may have been estranged from one family or the other and perhaps trying to repair or reestablish a relationship. You sound hurt by his relationship with your half sister and that is completely understandable but she might be hurt by knowing he has another family too. It’s a shame he didn’t at least make sure his children were kept in his and each other’s lives throughout the years but that is the card dealt all of you, this sister as well. Maybe reaching out and at least trying to get to know her a little bit would help reassure you about her intentions, for all you know she is well off on her own financially and has no designs on your mothers home for herself. If your father was paying the mortgage and then became unable to for some reason maybe she was trying to take that payment over, either on behalf of your father (with his money) or with her own in an effort to help care for your mom. It doesn’t sound like you or your mom really have any idea what the papers said. Good for mom for not signing them don’t get me wrong but without direct communication neither you or your half sister have any idea where the other is coming from or what your intentions are. Nothing wrong with remaining cautious but maybe asking your half sister directly what is going on with Dad and what the papers were that she asked your Mom to sign will help you figure this out. Don’t be angry at the wrong person and remember we all have flaws, some with bigger mistakes than others but by the time we reach our senior years we all have things we wish we had done differently in our lives this all sounds like stuff that might be on your fathers list.
Im guessing here but when you say he claimed this daughter so she could get support from the state I think that would have only been while she was a child. If he was living on SSI for a medical issue as his only means of income that may have been his way of providing child support of sorts but whatever the situation that would have stopped once she turned 18 I’m pretty sure. Again I’m guessing but she is probably older than that now and having to support herself in the real world just like you. In fact if that is the case your mom probably got support for you as well the same way, it isn’t a reason to resent her or minimize her place in his (and your) family. Legally she is as much his daughter as you are and she may be the one who felt abandoned in her childhood, you don’t really know without hearing her story from her. I guess I’m a little sensitive to this as I have a cousin we never knew about until well into our 40’s when my uncle passed away. My father knew he existed but never had contact until settling his estate, all he owned was a car, when the attorney asked if he had any children and my dad said he thought he did. Long story short he found my cousins mother, all back in touch and they came to visit. My grandmother never acknowledged this boys existence because my uncle (alcoholic playboy) said it wasn’t his child, they were married at the time. My cousin always knew where he came from but ended up being raised by a step father, a good upbringing but all he knew about his father was what his mom told him.
You replied that Mom and your stepfather built the house in 1980 then divorced. I will assume that SD and Mom were on the deed. So Mom got the house in the divorce? Then she remarried your Dad and allowed him to be the only one on the deed? Thats not how its usually done. And I am under the impression that who is on the Mortgage has nothing to do with who is on the deed. The person/people on the deed own the house. Her making mortgage payments does not make her an owner. My DH bought our home before we were married. I was never on the Mortgage. But I am on the deed because he put me on it.
Who receives the tax bill. That will show who is on the deed. If Dads name is the only one on it, then he is the only one on the deed. So, Mom has no interest in the house. By law, he owns the house, IMO.
Now this POA. When you sign a birth certificate you are now responsible for that child. By law, you are the father with all the responsibility that goes with it. The only way that child gots any disability money thru Dad is child support. Are you sure she is not his daughter by another relationship? It seems to me he may think so since he assigned her POA. Really, why would a man not the father sign a birth certificate that means he now is financially responsible for that child unless it was his child.
No her POA does not mean she is entitled to half the house. But if Mom is not on the deed, she does not have half a house either. Dad, if only one on the deed, can add the POA or turn the house over to her. And yes, her POA stops at death then the Executor takes over. Dad can change his Will making her his Executor. Leaving her the house, leaving Mom nothing. If no Will, she can share in Dads estate. The State then determines who inherits. She has a birth certificate showing Dad as her father and maybe him paying child support. So the State will see her an equal beneficiary. And it looks like to me, he considers this woman his daughter because he has given her the responsibility of POA and plans on moving to Fla.
Mom needs to protect herself. IMO they are separated. As such she needs to get any assets they have split maybe even divorce. She should see if a title search will determine who rightfully owns the house. Hopefully, she has divorce papers between her and stepfather showing she received the house in the divorce. The updated deed should be on file at the Registrar's office at your County seat.
Again, Mom needs to get to a lawyer to protect herself.
There are laws that prohibit a POA from changing any assets into their own name, no self enrichment is allowed, if she is doing this, like putting herself on the deed, your mom would need to file charges since it is her house in danger.
I would recommend that you put a fraud lock on all of her credit, notify the mortgage company as well. Nothing needs to be signed for them to pay the mortgage, they don't care who pays, as long as it's paid.
Something is obviously up, please be proactive about protecting mom.
It may very well come down to what the divorce settlement was.
Ahh, now I see this "girl" is actually his daughter?
If the title to the house is held by your parents as joint tenants with right of survivorship (JTWROS), then the entire house becomes your mother's when Dad dies. Very few married couples wouldn't title their house this way, so I seriously doubt there's a way this woman could take the house.
Even if she's his POA, she isn't your mom's, correct? She can't even sell the house without Mom's consent.
Whose name is on the mortgage?
How is the house titled?
How does your dad putting his name on her birth certificate get her disability payments?
Are your parents actually divorced?
"He signed the birth certificate so she can get a disability check."
Did he do this when she was born? Or later in her life? I don't know what this means or what it has to do with the PoA issue.
He signed it when she was born. I was asking if her having the power of attorney will entitle her to his half of my mother's house.
This girl's POA ends with your Father's death. I think it unlikely that she can "legally" add herself to any deed. If she is executor of your father's will, or Trustee of his trust, as well as his POA she will have only the power to distribute the estate as she has been directed to do upon the death of your father.
I would seek the advice of an elder law or trust and estate attorney. Sounds as tho this would be 400.00 well spent. Make it clear you have only a few questions, and need an hour of time. Good luck.