Legal Question in Real Estate Law in California

deed

my Father's property was quit claim deeded to his sister and now his sister wants to deed it to me. What do I need to do? The parties involved are very elderly and they need me to help and can this be done without an attorney?


Asked on 3/02/04, 4:47 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: deed

Why are you doing this. This is very foolish from a tax and planning point of view. You should get competent legal help. I assume Medicaid or MediCal is somewhere in the picture.

Make sure whoever you obtain advice from knows MediCal/Medicaid law and how to secure benefits, protect assets and avoid unnecessary taxes.

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Answered on 3/02/04, 5:09 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: deed

It is very easy to deed the property to someone, but there could be serious ramifications regarding capital gains taxes and other taxes later on. There are other ways to pass property on which would eliminate many taxes later.

You should seek legal advice.

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Answered on 3/02/04, 5:39 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: deed

As you can tell from the previous answers, the legal profession doesn't think highly of intra-family transfers of property for avoiding health care cost recollection processes or other forms of tax avoidance. Transferring title to property is very easy, but the consequences of doing it without getting paid full value can be severe, including gift/inheritance tax assessments and penalties for fraud if done with the intent, or even the unintended result, of placing assets temporarily beyond the reach of a creditor such as MediCal. Such schemes are easily found out because real estate information is on the public record.

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Answered on 3/03/04, 1:15 am


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