Legal Question

[Janet]

Mom and I are wanting to know how to have Mom's house signed over to me or at least have my name as one of the owners. It's been paid off of course for many many years. Not sure if she still has the title or whatever it's called (deed, right?). Who would we need to speak with....anyone know?

[gja1000]

The laws about things like this vary from state to state so you will need to consult an attorney. What my mom and I did was a quit claim deed with both our names on it. We did this about 15 years ago Mom is going to give her half of the farm to my daughter this summer. Our attorney said mom will gift the farm to my daughter and we will do another quit claim deed with my daughter's name on it. I was worried about gift taxes but it is no problem, or so my attorney says.

Legal things drive me crazy. I just hate going through all this legal stuff.

[DianaB]

I agree with Gayle.....talk to a lawyer. Laws can be different in different states so you'll want advice for your state. Make sure that everything is intact in case your Mom goes into the nursing home....if he can. Also, make sure that he knows that there is the possibility of her going into a nursing home.

[judy]

Is there an agency that works with seniors nearby? They may have lower cost, or even free, legal services.

It is good that she is willing to sign her house over. That is a big step!

[Janet]

Well...she's thinking about it. Told her I would check out what it takes to do it. Really, she's not helping in any way for living here. She was going to change her will...but so far hasn't done that. Keeps saying she just wants to wait a bit longer. I'm about ready to give up.

Thanks for the advice. I'll contact her attorney and see what he says.

[Tiramisu]

Social security goes back five or six years, so if you're doing it before going to a nursing home, they see it as hiding assets. Nursing home in Louisiana walked me through all that when looking for a place for my mom.

[2tiredmom]

Hey Janet,

Since I work in the Recorders office....Most people put their property in a trust.
To get away from probate and having to pay all the wonderful fees for when she passes away. If she would happen to go into a nursing home and she deeded the property to you before that. The nursing home could come back and take it away from you to help pay for her time there. Nursing homes cost about 2500 to 3000 a month to stay. In order for the nursing home not to get her property it would have to have been in your name for 5 years or more before she went to the nursing home. I know this doesn't answer your question very well. But that's what I work with every day.
Hope it works out for you.

[Janet]

It answered it fine Linda...

We're not doing it at all yet and certainly not to hide anything. If she goes into a nursing home it won't be done at all. She was just worried if something would happen to her before it came to that. Mom can't be too worried.....she hasn't done anything yet...lol