Legal Question in Real Estate Law in California

The best way to do it can only be determined by sitting down and looking at both your mother's and your financial situation, and expectations for the future. In most cases, it is a horrible idea from a tax standpoint to just give someone real property while you both are alive. It can cost literally hundreds of thousands of dollars in the long run. If it leaves the person giving away the property insolvent, it can also result in both the grantor and grantee being sued by the grantor's creditors under a claim of fraudulent conveyance. Some form of trust is the best way to do it in the vast majority of cases, but you really need to consult with an attorney before making any decision. The issues are too complicated for an internet Q&A answer.

I agree with Attorney McCormick. This question crosses many lines within the legal arena, and several outside of the legal questions involved. You need tax advice, financial planning advice - in short, you will need to retain someone to handle this for you, and perhaps even more than one person. If, however, you are obtaining a home for free, then the cost of professional advice is really insignificant.

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You are much better off to inherit appreciated property, or property that is likely to appreciate, than to receive it as an inter vivos gift.

Further, inheriting property via a living trust is somewhat better for you than inheriting under the terms of a will, since the trust contents will pass to you without going through probate, which is not the big horror some make it out to be, but is a nuisance worth avoiding whenever possible.

The two of you should see an estate-planning attorney and explain your objectives.

Finally, giving away property in an attempt to keep it in the family in the face of actual or potential creditors' demands is fraudulent and often looked for by agencies such as MediCal by reviewing public records. No one should make large gifts to friends or relatives when a creditor demand is looming. Both the donor and the donee can be liable for any losses a potential creditor sustains, and the deal will be reversed by court order.

All three answers above are correct; you can look at prior answers to this often asked question and see the same type of responses.