Legal Question in Real Estate Law in California

Re: quick deed

Transferring property carries significant risks related to creditors, taxes and other issues. There are ways to handle his concerns while preserving his estate. See an attorney.

Re: quick deed

Best is to put the property in a trust. I do estate planning and can help you avoid probate and estate taxes. You may contact me.

Re: quick deed

First, I think you need to remember that, whether terminally ill or not, the property is still his and whether he disposes of it before death or by will or living trust has to be HIS decision, not yours. Prospective heirs sometimes get themselves into a peck of trouble by jumping the gun. Terminally ill does not always, maybe not even often, translate into incompetent to manage affairs.

If the property is of any significant value, e.g. includes real estate, the two of you should see an attorney who is an estate-planning specialist.

It should be clear in such meetings that the attorney represents your father, not you, and you are there as a facilitator and not decision maker.

The estate planner can make the arrangements for powers of attorney for health care, etc. and can set up a trust and will or other property-disposition plans. He or she can also advise as to whether any immediate property transfers are desirable, and can assure that your father is mentally competent to negotiate and sign the instruments.

Re: quick deed

What you are talking about is to exempt the property from MediCal's right of recovery. Either you dad must be mentally competent, or you need a valid durable power of attorney, or if the property is in a trust and your dad is now incomopetent the successor trustee can take action. Contact me or some other attorney that understands the very complicated mediCal law.

Re: quick deed

You can transfer title by a grant deed or quick claim deed. You should be careful to avoid any probate problem later or gift tax

Re: quick deed

PLEASE BE CAREFUL, there are many reasons you do NOT want to do that. Consult an expert in elder law planning. If you need referrals, I can provide.

JOEL SELIK

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