My mother is in bad health and she wants to leave the house to me but does not want to transfer it over until last minute and does not want it in the will what form do we need to make this happen

She shouldn't wait until the last minute. And she shouldn't transfer the home to you as a whole. You can be on the title as "joint" and when the time comes then the home would pass directly to you. It doesn't need to be in a Will. So what your looking to do is have your name added to the existing title. Not a complete title change. In some places like California a title change like that can trigger taxes to unimaginable levels. See prop 13. Is the home paid off?

In most cases, when ownership of property changes this is considered a sale. Even if you are just being added as an owner. It is not as simple as filling out a form and it should NOT wait until the last minute.

The best thing to do is for her to sign a quit claim deed, deeding the property from her to both of you as joint tenants with right of survivorship.

But I would consult a local real estate attorney so you understand all the legal and tax ramifications of this transfer. There is also an issue of whether the property has a mortgage. Almost all mortgages have a due on sale clause which can trigger a call on the mortgage if ownership changes.

Finally, there is a medicare issue. If you are trying to protect the property from medicare, then its too late. The property would have had to be transferred 5 years before medicare/medicaid claims were filed.

... You can be on the title as "joint" and when the time comes then the home would pass directly to you. ...

Not necessarily true in all places. If your state doesn't allow joint title you would end up with title in common and be in a real mess.

Not necessarily true in all places. If your state doesn't allow joint title you would end up with title in common and be in a real mess.

Which state or states would that be?

Which state or states would that be?

Here (http://touchngo.com/lglcntr/akstats/Statutes/Title34/Chapter15/Section130.htm) is one example:


AS 34.15.130. Joint Tenancy Abolished.
Joint tenancy, with the exception of interests in personalty and tenancy by the entirety, is abolished. Except as provided in AS 34.15.110(b) and AS 34.77.100 , persons having an undivided interest in real property are considered tenants in common.