Legal Question in Real Estate Law in Pennsylvania

I have a question about my mother's house. It is in her name only and it is paid off. She has the beginnings of dimentia and I was wondering if I could put the house in my name also in case something happens to her down the road. If I could do this would that mean I would not have to pay any taxes after she passed and would it automatically be transferred over to me. I am also the power of attorney on her will. I would like to do something while she still can understand. What are the laws concerning this? I live in Pennsylvania.


Asked on 9/27/10, 7:13 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

The controlling law would be the state where your mother resides. Generally, if she does not have mental capacity, she would not be able to change the ownership of her house. You cannot and may not change title to her house.

A will does not create a power of attorney, it may appoint a "personal representative" or executor of the estate. Until a person dies, the personal representative has no power to act.

Your mother must consult with a lawyer, and possibly bring in a doctor, to determine her ability to take legal actions at this point.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 10/02/10, 10:01 am


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