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View Full Version : Warranty Deed change


kellyjoo74
Jan 11, 2012, 11:10 AM
My dad has terminal cancer & wants to sign his house over to my brother, who lives with him. Do we need a lawyer or where do we go to make the change?

Fr_Chuck
Jan 11, 2012, 11:13 AM
First is there a loan on the property, one can not just change ownership of a house if there is a loan on it.

But a new deed has to be made out and the house signed over ( which is the same thing as selling for no money)

An attorney or title company would be best to do this.

Also you no that once brother is owner, you would have no rights to the house even after fathers death.

He also could be added as joint owner with right of survivor.

Due to taxes that could be owed for this and other possible issues, I really think he and your dad need to sit down with an attorney and plan what is best

smoothy
Jan 11, 2012, 11:13 AM
Why doesn't he WILL him the house... so he gets it at the stepped up basis... and not at the far lower one when your father bought it.

But as Fr_cuck stated get a Lawyer, they will know what options you have and which will be best in your specific situation.

kellyjoo74
Jan 11, 2012, 11:20 AM
Thanks, there is no loan on the house & I want my brother to have the house.