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poppop757 · Nov 13, 2006, 05:33 AM

Hello, I am new to this,, I would like to know how should go about adding my name to the deed of my moms house, she has cancer and she is not doing well at all I live with her, but my name is not on the deed, and we still have a..

Krs · Nov 13, 2006, 05:39 AM

And u still have what?
Is it just u 2 who live at home?

poppop757 · Nov 13, 2006, 05:46 AM

We still have a mortgage on the house, my wife and I live in the home with my mother

mr.yet · Nov 13, 2006, 05:46 AM

Contact an attorney to have your mother sign the paper adding you to the deed. Is there a mortgage?

Krs · Nov 13, 2006, 05:50 AM

Your mum has to agree though.

Can I ask where is your father in the picture? Is his name on deed?

poppop757 · Nov 13, 2006, 06:04 AM

My dad past away in 2003, his name is still on the deed.

Krs · Nov 13, 2006, 06:13 AM

Im sorry about your dad :(
When my dad passed away in 2004, the property he lived in, became sole ownership of my mums, it carrys on down the line.

Are you your mums only child?

poppop757 · Nov 13, 2006, 06:32 AM

No I have two sisters both live out of state, we all are very close and we all met, and it was there idea alone with my mom that my wife and I take the house, will the bank have to look at my credit or what?

LisaB4657 · Nov 13, 2006, 06:33 AM

You need to record a deed from your mother, as seller, to your mother and yourself, as buyers. Also the deed must list your mother as an owner and as the heir/administrator of the estate of your father.

I strongly recommend that you have this handled by a real estate attorney. It shouldn't be expensive and this way you can make sure that the transfer is handled correctly. It's easy to mess it up if you do it on your own and then it can be difficult and costly to repair.

ScottGem · Nov 13, 2006, 06:41 AM

You might consider, instead, that your mother write a will leaving the property to you and naming you executor of her estate. I suspect the house represents the vast majority of her estate, so it wouldn't be necessary to probate it. It might, then, be easier to transfer the property as an inheritance rather then as a sale. The tax consequences may be better as well.

Also, if you transfer the property now, the bank WOULD have to get involved since they have a lien on the property. If you do it as an inheritance, they may not.

However, your credit shouldn't be an issue. You aren't putting your name on the mortgage, that would require a refinance.

Krs · Nov 13, 2006, 06:44 AM

And also maybe consider donating her property to her son for a small price and that way the tax you pay is much lower too

sharilee116 · Nov 14, 2006, 10:18 PM

Originally Posted by poppop757

Hello, I am new to this ,,,, I would like to know how should go about adding my name to the deed of my moms house, she has cancer and she is not doing well at all I live with her, but my name is not on the deed, and we still have a ..

I am not an attorney, but I work in this field. Have your mother sign a Quit Claim deed from herself, as grantor, to you, as grantee. It must be done before two (unrelated) witnesses and a notary. Pobably, it would be best to have your attorney or tite agent prepare the deed. Then, you must go to the court house and have the deed recorded. It will cost you $10. depending on where you live. You should probably have her make you her personal representative, and that would also require the services of an attorney.